Dutch Asylum Agency Pays Maximum €5 Million Fine for Overcrowded Reception Centre
Ter Apel, 13 March 2026
The Central Agency for Reception of Asylum Seekers has reached the maximum €5 million penalty imposed by courts for housing over 2,000 people at Ter Apel reception centre. This marks the second time such maximum fines have been paid, bringing total penalties to €6.5 million since 2024. Despite the financial pressure, overcrowding persists with 2,085 asylum seekers currently housed at the facility designed for 2,000. The municipality of Westerwolde now considers returning to court for additional enforcement measures as the asylum crisis continues.
Court-Imposed Penalties Reach Maximum Threshold
The €5 million maximum penalty was reached on Friday, 13 March 2026, after the Central Agency for Reception of Asylum Seekers (COA) exceeded the 2,000-person capacity limit for 100 consecutive days [1][2]. Under the court ruling imposed 18 months ago in October 2024, the COA faces a €50,000 fine for each day the Ter Apel facility houses more than 2,000 asylum seekers [3][4]. The penalty structure was designed with a ceiling of €5 million to prevent indefinite accumulation of fines [2][5]. This represents the second time the COA has paid maximum penalties to Westerwolde municipality, following a previous €1.5 million payment in 2024 for similar overcrowding violations [6][7]. Combined, these penalties now total €6.5 million in municipal compensation [7].
Current Overcrowding Conditions Persist
As of Thursday night, 12 March 2026, the Ter Apel registration centre housed 2,085 asylum seekers, representing 85 individuals above the court-mandated capacity [1][3]. The facility managed to maintain compliance with the 2,000-person limit for ten months ending in late 2024, but overcrowding resumed in September 2025 when several temporary accommodation locations were closed [2]. The registration centre serves as the primary entry point where all asylum seekers must initially report upon arrival in the Netherlands [GPT]. Current occupancy levels indicate the accommodation crisis has intensified, with the facility operating at 104.25% of its designated capacity [3].
Municipal Response and Legal Strategy
Westerwolde municipality is contemplating returning to court to secure additional enforcement measures, though no formal motions have yet been submitted to the municipal council [2]. Marco Visscher, leader of the largest council party Gemeentebelangen Westerwolde, stated that legal action appears inevitable, telling RTV Noord that ‘other possibilities don’t really exist either. We have no other choice’ [2][7]. The municipality has emphasised that financial penalties were never intended as revenue generation, with a spokesperson clarifying that ‘it has never been about earning money for the municipality’ [1]. Municipal elections scheduled for Wednesday, 18 March 2026, may influence the decision-making process, as the current council plans to leave spending decisions regarding the €5 million to the newly elected representatives [3].
Systemic Challenges and Government Response
The COA attributes the persistent overcrowding to a nationwide shortage of reception facilities and dependence on municipalities to provide adequate accommodation [1][3]. The organisation states it ‘makes maximum efforts to limit overcrowding but depends on municipalities to provide reception places’ whilst acknowledging that ‘a penalty payment does not solve the problem’ [1][3]. Contributing factors include capacity constraints at the Immigration and Naturalisation Service (IND), which processes asylum applications, forcing asylum seekers to wait longer for decisions [4]. The new Minister of Asylum and Migration, Bart van den Brink (CDA), visited Ter Apel earlier this week and committed to ‘doing everything possible to prevent new fines’, though acknowledged that ‘solving the problem takes time’ [3][5]. The coalition government intends to maintain the distribution law that enables ministers to compel municipalities to accommodate asylum seekers, despite previous cabinet plans to withdraw the legislation [5]. However, dozens of municipalities have suspended discussions about asylum centres pending the upcoming municipal elections [5].