The Administrative Court has upheld a 2023 decision by former Foreign Minister Jean Asselborn that excludes single male asylum seekers from automatic access to refugee accommodation facilities.
Marion Dubois, director of refugee rights non-profit Passerell, expressed disappointment with the 14 July ruling. The decision affirms Asselborn’s policy, implemented during his tenure, which halted housing provisions for unaccompanied men seeking asylum in Luxembourg.
The legal challenge was brought in November 2023 by a coalition of Luxembourgish associations, including Passerell. The court dismissed the case on procedural grounds without examining its merits. “It has been thrown out on a technicality,” Dubois stated, noting they had anticipated this outcome.
Just four days after the collective case dismissal, the same court ruled in favour of an individual asylum seeker who appealed the housing policy. Dubois emphasised this reflects a pattern: multiple individual cases have successfully challenged the state’s obligation to provide immediate accommodation upon asylum application.
However, she noted these victories remain exceptional. A collective lawsuit aims to protect vulnerable individuals who lack resources to litigate independently, Dubois explained. With many single men still on waiting lists, she questioned whether authorities made substantive efforts to address the crisis during the 18-month legal process.
The associations plan to appeal the Administrative Court’s decision.
