The Netherlands can send asylum seekers back to Belgium if it was the first EU country they came to, even though the country no longer provides accommodation for single men, the highest Dutch administrative court said on Wednesday.

The Council of State said that asylum seekers would not be treated in ways that contravened their human rights once back in Belgium. The case was brought on behalf of an asylum seeker from Angola who arrived in Europe in Belgium but claimed asylum first in the Netherlands. 

Single male refugees can make use of homeless shelters, plus legal and medical help, and the authorities are doing their best to organise new accommodation, the court said. In other words, the situation is Belgium is not so serious that the Netherlands should not return people to that country to make a claim there. 

Last summer Belgium said it would only provide housing for women, children and families because of the shortage of accommodation. Single men go on a waiting list.

Under the Dublin protocol, asylum seekers should claim refuge in the first EU country they arrive in. If they move on instead, they can be sent back to their country of arrival.  

The Netherlands said earlier that it would not send asylum seekers back to Italy and Greece because of the lack of appropriate housing.