Our colleagues from RTL recently spoke to a refugee who is not allowed to stay in the same shelter as the rest of his family since Luxembourg was not the first country where he applied for international protection.

Tesfazgi is a 39-year-old husband and father from Eritrea, who fled his home country and currently lives in Luxembourg. Since he was awarded his original refugee status in Italy rather than the Grand Duchy, he is not legally permitted to live together with the rest of his family, who stay in a shelter in Marienthal.

"I only want to be there for my wife and kids", explained Tesfazgi, who has been living in the Grand Duchy for nine months. The rest of his family were awarded refugee status here in the country and are therefore eligible to live in a protected home.

Non-profit organisation Passerell, which provides legal council to refugees in Luxembourg, is aware of the legal barriers that prevent Tesfazgi from being with his wife, currently two months pregnant with twins, and their three other children.

Spokeswoman Marion Dubois provided explanations: "People who already benefit from a refugee or international protection status elsewhere cannot file a second request. This in return makes it impossible for them to move into one of the designated homes since they are reserved exclusively for people with pending or granted approval."

For some, Tesfazgi included, the situation can thus quickly turn into a vicious circle. After spending months without a proper home, the Eritrean is now suffering from health problems and spending time living in the streets.

Dubois thinks that this case still represents an exception, which is why access should be granted: "This is also the position of the Immigration Directorate. However, in terms of jurisprudence, the European Court for Human Rights clearly outlined in the 1980s what a family needs and whether a shared home is required for that."

In some cases, people managed to find temporary accommodation, which allowed them to bypass the problem altogether. Asked about Tesfazgi's situation, the National Bureau for Admission (ONA) denied to comment due to data protection laws.