Dutch Court Overturns Government Decision to End Emergency Shelter for Vulnerable Migrants
Rotterdam, 25 April 2026
A Rotterdam court ruled that former Minister Faber illegally terminated basic shelter for sixteen undocumented migrants, finding the government failed to prevent them from falling into ‘extreme material deprivation’. The court determined these vulnerable individuals, who cannot work or access other services, would face inhuman conditions without unconditional shelter, violating European human rights law.
Court Ruling Details and Legal Precedent
The Rotterdam District Court delivered its verdict on Friday, 24 April 2026, finding that former Minister of Asylum and Migration Marjolein Faber (PVV) had ‘insufficiently safeguarded’ that sixteen undocumented migrants would not end up in inhuman circumstances following the termination of their shelter [1][2]. The court explicitly stated that European legislation and jurisprudence require the government to ensure that foreigners illegally residing in the Netherlands do not end up in an inhuman situation [2]. This ruling builds upon established European Court of Human Rights precedent, particularly the Hunde case from 5 July 2016, which determined that whilst cooperation with departure may be a condition for shelter, the Dutch state must maintain some form of unconditional accommodation [3].
The Vulnerable Population and Their Circumstances
The court characterised the sixteen individuals as vulnerable and ‘insufficiently self-reliant’, noting they lack networks, are prohibited from working, and have no right to other provisions, making them completely dependent on the Dutch government [1][2]. These migrants had been receiving shelter under the bed-bath-bread scheme (bed-bad-broodopvang) in Rotterdam’s Landelijke Vreemdelingen Voorziening (LVV) until the termination date of 1 January 2025 [3]. The scheme operates from two locations in Rotterdam - one on Katendrecht and another near Capelse Brug metro station - providing 45 places for what officials describe as ‘the most complicated cases’, often involving undocumented individuals who have lived in the Netherlands for years, are homeless, and cannot return to their home countries [4].
Government Policy and Failed Alternative Arrangements
The termination stemmed from the cabinet’s decision to halt state funding for the bed-bath-bread scheme across five Dutch cities - Amsterdam, Groningen, Utrecht, Eindhoven, and Rotterdam - effective 1 January 2025 [1]. Former Minister Faber had intended to relocate undocumented migrants to the Vrijheidsbeperkende Locatie (VBL) in Ter Apel, a freedom-restricting facility with 232 beds across three units housing up to eight people per unit [1]. However, the minister failed to offer these sixteen individuals places at the VBL because they allegedly did not meet admission requirements, primarily relating to cooperation with repatriation efforts [3]. The court ruled that making shelter conditional solely on cooperation with return violates European human rights law, emphasising that there must always be some form of unconditional shelter available as a safety net, particularly for vulnerable individuals [3].
Legal Consequences and Future Implications
The court declared the appeals founded and annulled the contested ministerial decisions from 21 August 2025 and 11 September 2025 [3]. Under the ruling, the defendant must take new decisions on the migrants’ objections within six weeks of 24 April 2026, and has been ordered to pay £4,203 in legal costs [3]. The court has arranged for continued shelter at government expense until four weeks after new decisions are made [3]. Lawyer Pim Fischer, who represented 546 undocumented persons in various cities, described the ruling as addressing whether people can be made homeless, with the court decisively answering ‘no’ [1]. Fischer expressed confidence about similar pending cases in other cities, stating that the court agreed putting people on the streets on 1 January 2025 constituted ‘a gross human rights violation’ [1]. The ruling establishes important legal precedent regarding the state’s duty of care towards vulnerable undocumented migrants, potentially affecting similar policies across the Netherlands.