2,992

7,105

6,311

6,229

5,602

6,285

6,797

7,034

6,553

6,439

6,902

7,506

8,742

7,837

9,345

8,590

202 (17) June 2020

162 (27) April 2020

304 (19) March 2020

0

0.45

0.54

0.62

Albania (Morocco) Afghanistan Sudan Algeria

372

0

969

1,868

1,884

1,371

1,449

326

316

345

429

352

635

609

583

452

583

5

5

5

5

590

485

463

221

206

0

2,615

2,630

2,525

2,640

4,940

6,315

4,245

5,835

5,575

7,170

7,840

88.88

15.8

19,145

30,757

29,059

24,137

15,540

15,075

15,085

11,071

11,769

45

44.2

98

105

11,700,000

11,600,000

11,299,000

10,800,000

2,005,479

1,981,919

1,388,000

1,159,800

1,053,000

17.3

12.3

10.4

100,000

156,921

150,713

74,063

64,973

61,662

42,168

42,168

42,128

35,314

25,633

3.71

2.6

2.01

40,880

41,810

12,882

23,443

19,688

18,710

44,760

38,570

44

57

52

32

939

1,811

7,695

2,630

5,267

2,466

47,352

45,387

11,321,000

10,985

4,051

2,315

2,807

21 (Very high)

Yes

Yes

15 DECEMBRE 1980. - Loi sur l'accès au territoire, le séjour, l'établissement et l'éloignement des étrangers mise à jour au 2 juillet 2018 (1980) 2018

Law of 15 December 1980 regarding the Entry, Residence, Settlement and Removal of Aliens (Aliens Act) (1980) 2016

Law of 12 January 2007 regarding the Reception of Asylum Seekers and other categories of Aliens (known as Reception Act) (2007)

Yes (La Constitution Belge, Article 12) 1994 2014

8 OCTOBRE 1981. - Arrêté royal sur l'accès au territoire, le séjour, l'établissement et l'éloignement des étrangers mise à jour au 16 novembre 2018 (1981) 2018

22 juillet 2018. Arrêté royal modifiant l'arrêté royal du 2 août 2002 fixant le régime et les règles de fonctionnement applicables aux lieux situés sur le territoire belge, gérés par l'Office des Etrangers, où un étranger est détenu, mis à la disposition du gouvernement ou maintenu, en application des dispositions citées dans l'article 74/8, § 1er, de la loi du 15 décembre 1980 sur l'accès au territoire, le séjour, l'établissement et l'éloignement des étrangers (2018)

Royal Decree of 2 August 2002 determining the regime and regulations to be applied in the places on the Belgian territory managed by the AO where an alien is detained, placed at the disposal of the government or withheld, in application of article 74/8 §1 of the Aliens Act (known as Royal Decree on Closed Centres) (2002) 2014

Royal Decree of 8 October 1981 regarding the Entry on the territory, Residence, Settlement and Removal of Aliens (1981)

Royal Decree of 9 April 2007 determining the regime and functioning rules of the Centres for Observation and Orientation of Unaccompanied Minors (known as Royal Decree on OOCs) (2007)

Austria (1965)

Bulgaria (2005)

Croatia (2005)

Estonia (2005)

France (1964)

Germany (1966)

Hungary (2003)

Lithuania (2005)

Luxembourg (1967)

Netherlands (1967)

Poland (1991)

Romania (2006)

Slovakia (2004)

Switzerland (2007)

Albania (2008)

Bosnia and Herzegovina (2008)

Macedonia (2008)

Kosovo (2011)

Montenegro (2012)

Russian Federation (2010)

Serbia (2004)

Civil law

Detention to effect removal

Detention during the asylum process

Detention after readmission

Detention to prevent unauthorised entry at the border

Detention to ensure transfer under the Dublin Regulation

Detention on public order, threats or security grounds

Yes (Yes)

Yes (Yes)

Yes (Yes)

Unauthorised stay (365)

Unauthorized re-entry (365)

Unauthorised stay (90)

Unauthorized entry (90)

Unaccompanied minors (Prohibited) Yes

Asylum seekers (Provided) No

Number of Days: 150

Number of Days: 150

Number of Days: 35

Number of Days: 26

Number of Days: 26

Number of Days: 27

Number of Days: 27

Number of Days: 25

Number of Days: 150

Number of Days: 429

Number of Days: 270

Number of Days: 1

l’Office belge des Etranger (Interior Ministry) Interior or Home Affairs

Office des étrangers (Service Public Fédéral Intérieur) Interior or Home Affairs

Services de police (Police)

l’Office belge des Etrangers (Governmental)

l’Office belge des Etrangers (Governmental)

State (Governmental)

Yes (Any facility designated by relevant authority)

Immigration detention centre (Administrative)

Immigration detention centre (Administrative)

Information to detainees (Yes) infrequently

Independent review of detention (Yes)

Complaints mechanism regarding detention conditions (Yes)

Right to legal counsel (Yes)

Right to appeal the lawfulness of detention (Yes)

Supervised release and/or reporting (No) Yes

Release on bail (No) No

Supervised release and/or reporting (No) No

Electronic monitoring (No) No

Registration (deposit of documents) (No) No

Designated non-secure housing (No) No

26,700,000

12,800,000

11,755,000

10,685,000

Yes

Yes

Yes

Yes

During the period 2014-2017, Belgium used funds provided through the EU's Asylum, Migration, and Integration Fund (AMIF) for various detention-related activities, including one or more of the following: increased staff at detention facilities; renovation of detention facilities; operational costs of running detention facilities; interpretation and healthcare services; legal assistance for detainees; leisure, cultural and educational activities at detention facilities. Proposed future regulations for this fund include encouraging recipients to consider possible joint use of reception and detention facilities by more than one Member State (see "The Way Forward, p.39).

During the period 2014-2017, Belgium used funds provided through the EU's Asylum, Migration, and Integration Fund (AMIF) for various detention-related activities, including one or more of the following: increased staff at detention facilities; renovation of detention facilities; operational costs of running detention facilities; interpretation and healthcare services; legal assistance for detainees; leisure, cultural and educational activities at detention facilities. Proposed future regulations for this fund include encouraging recipients to consider possible joint use of reception and detention facilities by more than one Member State (see "The Way Forward, p.39).

During the period 2014-2017, Belgium used funds provided through the EU's Asylum, Migration, and Integration Fund (AMIF) for various detention-related activities, including one or more of the following: increased staff at detention facilities; renovation of detention facilities; operational costs of running detention facilities; interpretation and healthcare services; legal assistance for detainees; leisure, cultural and educational activities at detention facilities. Proposed future regulations for this fund include encouraging recipients to consider possible joint use of reception and detention facilities by more than one Member State (see "The Way Forward, p.39).

During the period 2014-2017, Belgium used funds provided through the EU's Asylum, Migration, and Integration Fund (AMIF) for various detention-related activities, including one or more of the following: increased staff at detention facilities; renovation of detention facilities; operational costs of running detention facilities; interpretation and healthcare services; legal assistance for detainees; leisure, cultural and educational activities at detention facilities. Proposed future regulations for this fund include encouraging recipients to consider possible joint use of reception and detention facilities by more than one Member State (see "The Way Forward, p.39).

Jesuit Refugee Service (Non-Governmental Organizations (NGO))

Interfederal Centre for Equal Opportunities and Opposition to Racism (National Human Rights Institution (or Ombudsperson) (NHRI))

Centre for Equal Opportunities and Opposition to Racism (National Human Rights Institution (or Ombudsperson) (NHRI))

Yes (Jesuit Refugee Service)

Yes

The Belgian NGO Vluchtelingenwerk Vlaanderen reported that during 19-22 October 2021, between 60-150 asylum seekers were being denied access to the asylum registration procedure per day, and in consequence did not have access to reception. As reported on 11 August 2020 on this platform, many asylum seekers were sleeping rough after being released from detention. Now, some are sleeping in front of the “Petit Chateau” arrival centre due to lack of spaces in the reception facility. Fedasil reported that the lack of capacity is due to an increase in asylum applications, the resettlement of Syrian refugees, the extension of the length of stay in the country’s reception centres, as well as the repatriation mission from Afghanistan. COVID-19 has also compelled reception centres to reserve spaces for isolation in case of possible COVID-19 outbreaks. On18 October 2021, the staff at the “Petit Chateau” reception centre went on strike to denounce the conditions and overcrowding. According to news reports, the number of monthly asylum applications in October 2021 was at the highest level since the refugee “crisis” towards the end of 2015. The centre’s director said she wanted to avoid a “Dutch situation,” referring to the overcrowded asylum seeker centres in the Netherlands, which led to hundreds of asylum seekers having to sleep on camp beds and chairs due to lack of space earlier in October 2021. On 26 October 2021, a second 24-hour strike at the “Petit Chateau” facility in Brussels took place. This led to the suspension of new asylum applications there until the following day. The director general of Fedasil said that he understands the frustration of the staff and that new measures were put in place including: “more staff being hired, new registration centres being open, and asylum services have been reinforced.” According to ECRE, the lack of reception capacity in Belgium is a recurring concern and similar situations of asylum seekers being unable to access the asylum and reception systems have taken place in 2018, 2019, and 2020.

According to an international organisation official who asked to remain anonymous, but whose identity was verified by the GDP, while no moratorium on new immigration detention orders was established, fewer detention orders have been issued since the onset of the Covid-19 pandemic. The Director-General of the Immigration Office (IO) and the Minister for Asylum and Migration both reported in June that they expect the number of persons in detention to rise again, depending upon the evolution of the pandemic and the capacity in the centres (see the 27 March Belgium update on this platform). As previously reported on this platform (see 6 May Belgium update), some immigration detainees have been released from detention. On 9 June, it was reported in the Parliament’s Commission for Home Affairs (and Migration) that about half of the people in detention had been released since the beginning of the health crisis. In mid-March, some 300 persons out of the 630 persons who were in detention were released so as to make space in the detention centres and be able to better implement social distancing. On 17 June, 202 people remained in immigration detention in Belgium. Persons to be released are evaluated on a case-by-case basis and are released when there is no legal basis to keep them in detention. In Belgium, detention is only possible for a limited period of time and under the condition that the Immigration Office is able to remove them, an outcome hampered by border closures and limited air traffic. According to the source, no specific measures have been implemented by authorities for people released from detention. Thus, those released may reside with family or acquaintances or, in some cases, be left homeless. People released from detention and who are still entitled to shelter/reception facilities, can present themselves at the information desk of the Immigration Office to be reintegrated into the reception network. The source also reported that immigration detainees were being tested for Covid-19. As reported on 9 June by the Director General of the IO and confirmed on 17 June by the Minister for Asylum and Migration, no detainees had tested positive for Covid-19, but 3-4 staff members tested positive. However, detainees already present in detention centres at the start of the health crisis were not systematically tested. In cases of suspected infection, detainees are placed in medical isolation as a precautionary measure. All new arrivals at a detention centre are tested upon arrival, in line with the guidelines set by the Risk Management Group regarding testing protocols for people residing in collective residence. Despite the police requesting systematic Covid-19 testing of detainees for fear of infection, persons who are released from detention and about to be removed are not tested. According to the source, removals have not been suspended during the Covid-19 crisis (see the 6 May Belgium update on this platform for related information). The Director General of the IO nonetheless reported that “removal capacity” has been limited because of the health crisis. According to statistics released by the IO, fewer persons were forcibly removed from the country during the crisis: 239 in March; 22 in April; 28 in May; and 72 in June. Most of the returns were to countries of origin and others took place in application of the Dublin Regulation, which resumed on 22 June. Removals took place to Brazil; Rwanda; Ukraine; Bulgaria; Romania; the UK; the Netherlands; France; Ireland; and Italy. Also, the number of refusals of entry at the Belgian border have decreased compared to the months before the crisis. In January 214 people were refused entry into Belgium; 190 were refused in February; and 111 in March. However, in April, only 5 people were refused entry; 1 in May and 6 in June. Between 18 March and 31 May, 5,421 orders to leave the territory were issued. Yet, where leaving the country is impossible due to the pandemic, there is a possibility to request an extension of the order. Furthermore, the source reported that applicants for international protection must now be done online, by filling out an online form and uploading copies of documents. Following this, an invitation for a first interview will be sent to the person. In order to avoid having too many people at the same time for these interviews, there is a waiting list. Applicants for international protection have to wait for the first interview before receiving accommodation. As regards Belgium’s borders, non-essential travels to Belgium from EU countries were not allowed until 15 June. Non-essential travel to Belgium from countries outside the EU are not permitted until 31 August as provided by the Ministerial Decree of 30 June. In addition, people in need of international protection or travelling for humanitarian reasons are considered as having an ‘essential need’ and are, in theory, allowed to travel to Belgium. Belgian authorities continue to carry out active checks and several border crossings remain closed.

Global Detention Project Survey completed by Laura Cleton (@LauraCleton), University of Antwerp IS THERE A MORATORIUM ON NEW IMMIGRATION DETENTION ORDERS? There has been no public information on whether new detention orders are still being made. In terms of Orders to Leave the Territory (OLT), the Minister for Social Affairs, Public Health, Migration and Asylum, Maggie de Block, mentions that she has not completely suspended them. If persons get an OLT, they have to leave Belgium and the EU whenever that is possible. Return/removal is still possible for certain countries. Also, individuals can ask for an extension of their OLT’s deadline. HAVE IMMIGRATION DETAINEES BEEN RELEASED? Yes, people have been released from immigration detention as a result of the Covid-19 pandemic. The ministry says that there are two reasons for people to be released from detention. First, because forced removal was no longer possible as a result of the closing of international airspace and limitation on flights. According to law, in certain cases, detention could therefore not be prolonged. Second, detainees were released to guarantee safety of other detainees and personnel. There needed to be less people in the facilities to guarantee the social distancing measures. On April 8, the minister said that 297 detainees were released from detention, whereas 204 were still residing in detention. This selection was made by the Immigration Services (Dienst Vreemdelingenzaken). Decisions on who gets released and those whose detention is continued are made on an individual basis, file by file. In the first place, the Immigration Services look as to whether removal is still possible within the official term. All elements in the individual file are taken into account, most certainly those having to do with public order. Also those persons in detention whose nationality/identity still need to be established, which can take months, can stay in detention for longer. The current situation, according to Maggie de Block, therefore does not automatically lead to the conclusion that there is no “reasonable prospect of return”. Following the guidelines from the European Commission, detention of the aforementioned groups can be prolonged. There are still judicial procedures in place to check if requirements for (prolonged) detention are still lawfully permitted. On 19 March, a Belgium newspaper mentioned that at least 200 detainees were released. In the article, the immigration authorities mentioned that people released were mainly “vulnerable persons” and those whose removal could not take place as a result of the closing of airspace. The first group included people with chronic diseases, diabetes or heart conditions. Also people who were detained on the basis of a Dublin claim were released from detention, as removing them is currently not possible. Other people who were released were those who had not committed “offences against public order”. A spokesperson for immigration authorities said that migrants with criminal convictions would remain in detention; this was later reiterated by the Minister for Interior and Migration in a parliamentary debate on 8 April. On 27 April, there were still 162 detainees in detention centres – 15 in Bruges, 62 at Merksplas, 36 at Vottem, 18 at Steenokkerzeel, 25 at Caricole and 6 at Holsbeek. Minister De Block mentioned that this occupation rate causes no problems for guaranteeing social distancing. She mentions that in some instances, people also sleep in small dorms alone, instead of together. WHAT MEASURES TO PREVENT FORMER DETAINEES FROM BEING INFECTED? A 19 March newspaper article reported that there was no reception for those who had been released and “it is unclear where the 200 released detainees reside at this moment.” Maggie de Block said that if detainees are released, staff asks them if they have reception with family or friends. She said that this is the case for the majority of cases. If this is not the case, the Belgium government will “look for reception,” though no details were provided. Detainees can be picked up by family members in the proximity of the centre, or released in proximity to public transportation. In principle, local governments are responsible for providing reception for individuals without papers. Minister De Block mentioned the possibilty of demanding that hotels or campsites give up their rooms to accommodate undocumented migrants and other homeless persons. ARE DETAINEES BEING TESTED FOR COVID-19? Detainees are only tested when they show symptoms. On 8 April, there were no known COVID-19 cases among detainees in the detention centres. Similar procedures are followed in regular reception centres for asylum seekers (see Q6) – they are isolated and get the necessary medical attention. On 8 April, there were two people in medical isolation, and there were four known cases among detention centre personnel. On 29 April, Minister de Block confirmed that tests remained available in detention centres but that there were still no confirmed cases among detainees. The minister said on 8 April that measures taken in detention centres were mainly directed to limiting contact between detainees/staff, and enhancing hygiene. For example, detainees are spread out more evenly through common rooms such as dining halls and dorms. Also, the number of persons who can take part in one daytime activities is limited, all to ensure limited contact between different residents. Visits for detainees are also temporarily suspended, but not for all: parliamentary members and attorneys still have the possibility to visit their clients. Detention centres have the possibility of digital visits, offer more flexible use of telephones and expand internet capacities in the centres. Staff in detention centres also wear mouth masks when the required distance cannot be respected. Detainees have also been offered mouth masks. On 27 April, there were still 162 detainees in detention centres – 15 in Bruges, 62 at Merksplas, 36 at Vottem, 18 at Steenokkerzeel, 25 at Caricole and 6 at Holsbeek. De Block mentioned that, apart from the centre in Bruges, that this occupation is no problem for guaranteeing social distancing, also not in the dorms. She mentions that in some instances, people also sleep in small dorms alone. HAVE DEPORTATIONS/REMOVALS BEEN STOPPED? Deporations still take place on a case by case basis. Between 13 March and 8 April, 93 removals took place, according to the minister, however the specific destinations were not provided. A minority of those are Dublin transfers. Escorts on removal flights are not possible anymore, but people are sometimes accompanied until they board the plane. Removal to countries which have “great difficulties,” like Greece, are not possible. NEW IMMIGRATION AND/OR ASYLUM POLICIES AS WELL AS BORDER CONTROLS IN RESPONSE TO THE COVID-19 CRISIS On 17 March, the government decided to temporarily stop admitting applications for international protection and postpone them until further notice. The reason given for this was that at the main asylum application centre called ‘Klein Kasteeltje’ in Brussels, there was too little space to uphold the social distancing measures while continuing the necessary proceedings. At the same time, Caritas Belgium mentioned that there was no alternative reception in place for these new asylum seekers, and hence that they were forced to live on the streets, also in case of extremely vulnerable persons, or families with minor children. During a parliamentary debate on 8 April, it was reported that registration had resumed, yet in a different format: appointments for hearings had to be made via the internet, and asylum seekers could only enter the Immigration Office’s building if they had made an appointment, to prevent waiting-spaces and queuing. Preference is given to vulnerable people, unaccompanied minors, families with minor children, pregnant women, and persons with severe medical complications. Several members of parliament feared that this application procedure might disproportionately impact illiterate asylum seekers, or those without access to the internet. Other measures taken in the application procedure to guarantee safety are altering the rooms in which asylum hearings take place, by amongst others placing Plexiglas. Employees assessing applications for international protection first try to make decisions on cases which already had hearings, and then also look for possibilities via video conference. The minister added that those who come to the Immigration Office for their appointment get a medical screening upon their arrival, and are isolated if an infection is suspected. In the period of 3 – 27 April, 962 questions for an appointment with the Immigration Office were made, and more than 600 still are awaiting a date for their appointment. In the same period, 154 requests for asylum were made. From mid-April onwards, new asylum seekers can be received in a military base in Sijsele and the reception centre in Marcinelle, which were also in use in 2015, when Belgium received significantly more asylum seekers during the refugee “crisis.” There is a maximum capacity of respectively 300 and 174 persons in these reception facilities. Persons admitted to the facilities will need to reside in pre-registration reception for 7 days first (at Klein Kasteeltje in Brussels), where registration for asylum happens and they are tested for covid-19 symptoms. Only after examination, if they do not show any symptoms, they can move to Sijsele or Marcinelle. They are not all tested – only those who fit the nation-wide “case definition” (risk groups) are tested. The medical services in the reception centres also take preventive measures to limit spreading of the virus, and giving necessary medical attention. All non-essential medical attention is postponed for now. Several members of parliament questioned whether it was possible to uphold the social distancing measures at place in these facilities. Minister de Block said that all residents of reception centres follow the rules in force in Belgium at large. Persons with symptoms are immediately placed in isolation, and if necessary seen by a doctor. Those with severe complications are sent to a hospital, where it is decided if the person needs to be tested and hospitalized. This procedure is similar to other collective reception structures. Residents are being notified on the measures in place through information in their own language. Minister de Block also announced that migrants with legal status, but whose right to reside in Belgium is about to expire, can ask for a prolonging of their residence.

Authorities announced that they had expanded access to the labour market for asylum applicants (if they have already submitted their application). Authorities hope that they can help make up for the lack of workforce - particularly seasonal workers - in the country. From 20 March 2020, the Brussels local government will be hosting 100 homeless people, including migrants, in a hotel in Brussels. Médecins Sans Frontières will provide medical care for those accommodated in the hotel.

Belgium halved its immigration detention capacity (from 609 to 315 spaces) in the weeks after the outbreak of the pandemic. By 19 March, the total number of detainees in the country’s six detention centres had dropped to 304. However, because reception centres for asylum seekers are no longer accepting new arrivals and detainees are being released without access to support, many released migrants and asylum seekers reportedly have limited options other than to live on the streets. A Belgian NGO has qualified this measure as “unacceptable” and urged the state to use “vacant holiday parks, hotels and sports halls to provide shelter for anyone who is homeless.” They also requested that the government provide undocumented migrants with temporary stay for three months based on their non-reparability and / or other humanitarian reasons.” Family and NGO visits to detention facilities were also suspended, and on 17 March 2020, the Belgian Immigration Office temporarily halted the registration of new asylum seekers.

Yes

No

No

Yes (Unknown) Unknown Unknown Unknown

Unknown

Unknown

No

Yes

Unknown

Yes but restrictons ended

Yes

Unknown (Unknown) Included Unknown Unknown