|
Belgium |
2020 |
Policy |
|
Processing asylum applications at first instance |
The Council of State suspended the project which aimed to pilot the use of videoconferencing in open centres. This is due to the fact that the Royal Decree on the functioning of the CGRS does not mention this among the competencies of the authority. The project can only continue once the Royal Decree is amended. |
EASO Asylum Report 2021 |
|
Belgium |
2020 |
Policy |
|
Access to procedure |
Applicants had to book an appointment online for their registration between April and October 2020. The first instance tribunal of Brussels ruled that this practice was against the law, hence from 30 October 2020 registration in person started again at the arrival centre, without prior appointment. |
EASO Asylum Report 2021 |
|
Belgium |
2021 |
Legislative |
|
Processing asylum applications at second or higher instance |
The Council of Ministers approved in June 2021 a draft law on the organisation of CALL. The proposal aimed to increase the number of judges of CALL and simplify and optimise the appraisal procedure for staff by introducing a comprehensive system of disciplinary and policy measures for officials. |
EUAA Asylum Report 2022 |
|
Belgium |
2020 |
Policy |
|
Reception of applicants for international protection |
The Minister of Asylum and Migration announced new measures aiming to fight against the abuse of the asylum system. Persons already benefitting from international protection in another EU Member State no longer receive material reception conditions. Dublin applicants who abscond and re-apply for reception following 6 months are also no longer entitled to material reception conditions. Fedasil evaluated these rejections in an individual manner, case-by-case, taking into account any possible vulnerabilities. This policy was withdrawn later in 2020. |
EASO Asylum Report 2021 |
|
Belgium |
2020 |
Policy |
|
Special procedures to process asylum applications |
The Council of Ministers adopted the draft royal decree establishing a list of safe countries of origin. The draft did not include any changes to the list of safe countries from the previous year. |
EASO Asylum Report 2021 |
|
Belgium |
2019 |
Legislative |
|
Return of former applicants |
An amendment to the Immigration Act further clarified decision-making competences in issuing an order to leave the territory. |
BE LEG 03 2019 |
|
Belgium |
2019 |
Legislative |
|
Reception of applicants for international protection |
The Flemish family allowance system was reformed and transformed into a so-called Growth Package (Groeipakket), whereby every child in Flanders is entitled to the allowance as of 1 January 2019, including minor applicants in the second reception phase. |
BE LEG 02 2019 |
|
Belgium |
2019 |
Legislative |
|
Content of protection |
A law proposal was put forth to reduce the period of exemption for beneficiaries of international protection from the requirement to have sufficient economic resources from one year to three months. |
BE LEG 01 2019 |
|
Belgium |
2020 |
Legislative |
|
Special procedures to process asylum applications |
The new Royal Decree establishing the list of safe countries of origin entered into force. The list itself includes the same countries. |
EASO Asylum Report 2021 |
|
Belgium |
2020 |
Policy |
|
Return of former applicants |
The final report of the commission for the evaluation of policies on foreigners' voluntary and forced return (also known as the Bossuyt Commission) was published. |
EASO Asylum Report 2021 |
|
Belgium |
2020 |
Policy |
|
Content of protection |
The Immigration Office provided detailed guidance on the exceptional circumstances to extend the validity of family reunification decisions and the validity of supporting documents. |
EASO Asylum Report 2021 |
|
Belgium |
2020 |
Policy |
|
Country of origin information |
CEDOCA developed a new training programme on COI through an online tutorial. |
EASO Asylum Report 2021 |
|
Belgium |
2020 |
Legislative |
|
Processing asylum applications at second or higher instance |
The Council of Ministers approved a law proposal and a draft royal decree, which aims to adapt the working methods of the CALL to the context of the COVID-19 pandemic. The amendments concern the electronic communication of procedural documents and the written procedure. |
EASO Asylum Report 2021 |
|
Belgium |
2020 |
Legislative |
|
Processing asylum applications at second or higher instance |
Due to COVID-19 restrictions, Belgium adopted an exceptional regulation which temporarily allowed an additional procedural document to be submitted when the appeal was restricted to a written procedure. |
EASO Asylum Report 2021 |
|
Belgium |
2020 |
Legislative |
|
Reception of applicants for international protection |
In order to fill gaps in labour market shortages caused by the pandemic, applicants were exceptionally exempted from the 4-month waiting period until 30 June 2020. In view of the continuing shortage of workers in some sectors due to the closing of the borders, this measure was resumed from December 2020 until 30 June 2021. |
EASO Asylum Report 2021 |
|
Belgium |
2020 |
Legislative |
|
Content of protection |
The Flemish government adopted a new integration path for newcomers which includes four components (language learning, economic autonomy, social orientation and sponsorship by a Flemish 'buddy') and will conclude with an exam. |
EASO Asylum Report 2021 |
|
Belgium |
2022 |
Legislative |
|
Processing asylum applications at first instance |
The Belgian Council of Ministers approved the structure of the new Migration Code. |
EUAA Asylum Report 2023 |
|
Belgium |
2022 |
Legislative |
|
Processing asylum applications at first instance |
A legal amendment explicitly allowed the CGRS to organise interviews through videoconference for applicants for international protection. |
EUAA Asylum Report 2023 |
|
Belgium |
2022 |
Legislative |
|
Processing asylum applications at second or higher instance |
CALL launched a digital tool on 1 March 2022, entitled J-BOX, to exchange procedural documents electronically instead of using registered mail. The use of the tool became mandatory in appeals for accelerated and urgent measures. |
EUAA Asylum Report 2023 |
|
Belgium |
2022 |
Legislative |
|
Statelessness in the context of asylum |
The government pledged to introduce a new legal status for stateless persons which would give them the right to legally reside in Belgium if they cannot return to their country of habitual residence. |
EUAA Asylum Report 2023 |
|
Belgium |
2022 |
Legislative |
|
Statelessness in the context of asylum |
Amendments to the Nationality Code clarified that recognition as a stateless person was not required to grant Belgian nationality to a child born in Belgium without a nationality. |
EUAA Asylum Report 2023 |
|
Belgium |
2022 |
Legislative |
|
Content of protection |
The government announced its intention to create a separate right of residence through family reunification for parents of children who are recognised beneficiaries of international protection. |
EUAA Asylum Report 2023 |
|
Belgium |
2022 |
Legislative |
|
Content of protection |
Integration programmes for newcomers became mandatory in Brussels, including for beneficiaries of international protection. |
EUAA Asylum Report 2023 |
|
Belgium |
2022 |
Policy |
|
Processing asylum applications at first instance |
Certain categories of applicants were prioritised, including those in the reception system or from countries with high recognition rates, where a decision could be taken based on evidence in the file. |
EUAA Asylum Report 2023 |
|
Belgium |
2022 |
Policy |
|
The Dublin procedure |
A new reception facility opened to accommodate a group of applicants in the Dublin procedure, managed by the Immigration Office in collaboration with Fedasil. |
EUAA Asylum Report 2023 |