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Westerwolde to Bring Lawsuit Against COA for Overcrowded Asylum Center in Ter Apel

Jan 10, 2024 at 2:13 PM

Westerwolde wants fewer than two thousand asylum seekers to be received in Ter Apel again. If it doesn’t work, COA would have to pay 25,000 euros per day. The COA fears that such an absolute limit will no longer be able to accommodate all asylum seekers.

Everyone in the court in Groningen seems to agree on Wednesday that no more than two thousand asylum seekers should be accommodated in Ter Apel. The municipality of Westerwolde and the Central Agency for the Reception of Asylum Seekers (COA) made this agreement years ago.

After last year’s crisis, when people had to sleep outside the gates of the asylum seekers’ center, this agreement was further emphasized. Nevertheless, COA has not been able to adhere to this since October.

To the frustration of the municipality of Westerwolde, which on Wednesday once again substantiated why they are now going to court. The overcrowded asylum center not only leads to an undesirable situation within the walls, but also outside. “More than two thousand asylum seekers cannot be adequately accommodated here,” concludes the municipality’s lawyer.

They link the overcrowding in the asylum center to the increasing number of incidents in Ter Apel and nearby Nieuw-Weerdinge. “From 2021 we will see a very clear increase in the number of shoplifting and home burglaries,” says Mayor Jaap Velema. In addition to increased police deployment, the military police have also been assisting the municipality for the past year and a half.

According to the visibly emotional Velema, the situation not only affects the safety of the residents of his municipality, but also that of asylum seekers and COA employees themselves. Although he is not responsible for that, he feels that way. “This emotion arises from powerlessness. After 2.5 years, I am ready for us to go to court.”

Mayor Jaap Velema during the hearing on Wednesday. Photo: ANP

‘Pressure is felt first in Ter Apel’

A firm agreement has been made about the maximum number of shelter places and the COA must comply with this, the municipality’s counselor argues.

He also points out that Ter Apel has now mainly become a flow location: people report there first and then go to another shelter as quickly as possible. But the intention was that people would also stay longer in Ter Apel to wait out the rest of the procedure. That hardly happens now.

This becomes extra clear when figures are shared about the school in the asylum seekers’ center. There is normally room for 150 students, but there are now only fifteen. The families mainly wait for other shelters after their asylum application.

“The pressure on asylum reception has been too high for some time and this is felt first in Ter Apel,” the COA counselor also acknowledges. But they play chess on different boards. For a smooth flow from Ter Apel, the COA depends on the availability of other reception places, the speed with which asylum applications are processed and whether municipalities can link status holders to a home. In short: the other governments.

“We are searching city and country for sufficient places,” continues the COA lawyer. But the organization says it is encountering increasing resistance from municipalities and local residents. “This results in more and more municipalities being only prepared to create short-term shelters and residents objecting to the arrival of asylum seekers and status holders.”

Sanne Oving is a domestic reporter at NU.nl

Sanne follows major domestic themes for NU.nl, such as healthcare and asylum.

Municipality wants penalty, Ter Apel cooperation

According to Westerwolde, the lawsuit is a very clear signal: it is now the turn of other governments. The municipality also received support from other Groningen municipalities earlier this week.

Westerwolde wants the judge to impose a penalty on the COA of 25,000 euros per day that there are more than two thousand asylum seekers in Ter Apel. That is a significant amount, but the municipality fears that, with a lower amount, COA may still make the financial decision to accommodate more than two thousand people and pay the penalty.

If this limit of two thousand asylum seekers is also underlined by the judge, COA fears that not all asylum seekers may be able to be accommodated. That would be undesirable, says their lawyer. Especially now that it is winter. “The problem will not be solved with a court ruling, but with administrative cooperation between the chain partners. That is the only way to relieve the pressure on Ter Apel.”

The judge also asked critical questions about that attitude. If the agreements had already been made earlier, why should a judge be involved to ensure that COA adheres to them? And would the COA also say, when a contract expires in another municipality: it is force majeure, so we leave the location open and do not keep to the agreement? “Westerwolde seems to be the only municipality that has to accept that agreements are not kept.”

The court will make its ruling on January 23.

2024-01-10 13:13:36


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