The Administrative Court has ordered the Luxembourg State to provide housing for a homeless asylum seeker, either within a public facility or, if necessary, in a hotel.

The ruling was handed down last Friday by the Luxembourg Administrative Court. The non-profit association Passerell said on Wednesday that the ruling followed a plea from an individual seeking international protection. This individual had been informed by the director of the National Reception Office (ONA) that the accommodation network was at full capacity, leaving the applicant unable to immediately access housing and placed on a waiting list. The individual, who found themselves effectively homeless, had obtained legal assistance from multiple organisations.

Until a decision is reached in their respective cases, the State holds the responsibility of providing accommodation for individuals who have filed asylum applications. The ruling underscored the potential physical and psychological harm that could befall individuals left without shelter.

It should be noted that this ruling constitutes a precautionary measure. The court's decision does not adjudicate on the legality of the State's refusal to accommodate asylum seekers. However, it does mandate the State to provide housing for the asylum seeker until a final judgment is rendered on the matter.
Male applicants for international protection travelling alone have not been automatically provided accommodation in Luxembourg since October. Anke Vandereet, Human Rights Officer at Passerell, has hailed the recent ruling by the Administrative Court as a pivotal moment for human rights.

Vandereet emphasised the importance of the court's decision, noting that it marks the first instance in Luxembourg where a judge has recognised the inherent vulnerability among applicants for international protection. This acknowledgment underscores the necessity for providing accommodation to such individuals, serving as a robust safeguard for their human rights, Vandereet stated.

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