The municipality of Brabant can quickly accommodate asylum seekers at the Van der Valk Hotel, according to the judge’s rules

The municipality of Brabant can quickly accommodate asylum seekers at the Van der Valk Hotel, according to the judge’s rules
Future emergency shelter for asylum seekers in Oden.  Photo by Marcel van den Berg/De Volkskrant

Future emergency shelter for asylum seekers in Oden.Photo by Marcel van den Berg/De Volkskrant

The Central Agency for the Reception of Asylum Seekers (COA) may receive three hundred asylum seekers at the Van der Valk Hotel in Oden, once the municipality of Mashurst in Brabant makes a decision on the required environmental permit and officially announces it.

The court in Den Bosch ruled on this matter on Monday in the so-called Turbo Emergency Appeal, which was filed by the municipality against a previous ruling issued by the urgent procedures judge in Den Bosch.

According to Acting Mayor Ryan Donders, Mashurst Council will make a decision during Tuesday’s council meeting on whether or not to grant an environmental permit to the COA. If the decision is positive for the reception organization, the first asylum seekers are expected to arrive at the Van der Valk Hotel early on Wednesday.

Two weeks to submit an objection

Earlier this month, in summary proceedings brought by local residents, the court in Den Bosch ruled that asylum seekers were not allowed to be accommodated at the hotel for the time being. According to the urgent proceedings judge, residents were not sufficiently heard in the decision-making process and were faced with a “fait accompli”. and ban the reception of asylum seekers until local residents can submit their objections in a normal legal procedure.

Concretely, the urgent proceedings judge ordered that after the Agriculture Committee’s decision on the permit application, “local residents have two weeks to submit a notice of objection and request interim action from the Administrative Court.” Until the Administrative Judge makes a decision on this matter, asylum seekers may not be accommodated in the hotel.

This ruling was a major blow to both the Immigration Commission and the municipality of Mashurst, given the huge need for reception spaces for asylum seekers. Because such a decision cannot be expected before January at the earliest or even after that.

“Foolish measure”

In the appeal filed on Monday, the municipality asked the court in Den Bosch for an “interlocutory provision” to suspend the ban on housing asylum seekers at least for this relatively long period. The court partly agreed and ordered that the ban on housing asylum seekers only applies until the municipality makes a decision on whether to grant the permit.

This means that the previous decision taken by the summary proceedings judge has been partially suspended. The court is scheduled to announce the reasons for the ruling on Friday. This means that the Asylum Reception Center in Oden can open its doors more quickly. Mayor Donders said he’s glad that at least “this stupid procedure” of waiting an additional two weeks after a decision on a permit is made is off the table.

Take responsibility

According to the latest planning from the municipality and emergency committee, the emergency shelter at the Van der Valk Hotel was scheduled to open on 11 December. In court, Mayor Donders reacted emotionally to criticism that the municipality had deliberately acted carelessly and illegally.

She stressed that Massachusetts only assumed its responsibility at a time when the national government was sending an urgent appeal to municipalities to make reception sites available. There can be no doubt of malicious intent. This also affects me as a person.

The substantive aspect of the appeal has not yet been addressed. The court first asked the parties to submit their written positions. “After that, there may be another hearing and ruling.”

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