Act Amending The Act Of 15 December 1980 On Access To The Territory, Residence, Establishment And Removal Of Foreigners In Relation To The Proceedings Before The Council Of Litigation Of Foreigners

Original Language Title: Loi modifiant la loi du 15 décembre 1980 sur l'accès au territoire, le séjour, l'établissement et l'éloignement des étrangers en ce qui concerne la procédure devant le Conseil du Contentieux des Etrangers

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2 DECEMBER 2015. - An Act to amend the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens with respect to proceedings before the Council of the Litigation of Foreigners



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments to the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens
Art. 2. In Title Ibis, Chapter 5, Section I, of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens, an article 39/68-3 is inserted as follows:
"Art. 39/68-3. §1. Where a requesting party makes an application admissible against a decision made on the basis of Article 9bis, while an appeal against a decision previously made against it on the basis of Article 9bis is still pending, the Commission shall rule on the basis of the last request filed. The requesting party is deemed to withdraw from the earlier appeal, unless it demonstrates its interest.
§ 2. Where a requesting party makes an application admissible against a decision taken on the basis of Article 9ter, while an appeal against a decision previously made against it on the basis of Article 9ter is still pending, the Commission shall rule on the basis of the last application filed. The requesting party is deemed to withdraw from the earlier appeal, unless it demonstrates its interest.
§ 3. When the presiding judge or judge designated by the board considers that paragraph 1 or paragraph 2 applies, he shall mention it in the order as provided, as the case may be, by section 39/73, § 2, or 39/74. ".
Art. 3. In section 39/73 of the Act, inserted by the Act of 29 December 2010 and amended by the Act of 8 May 2013, the words "that he designates" are replaced by the words "that he has designated".
CHAPTER 3. - Transitional provisions and entry into force
Art. 4. Section 2 applies to appeals against decisions taken on the basis of section 9bis or section 9ter of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens, introduced from the date of entry into force of this Act.
Art. 5. With respect to requests for leave to stay made successively on the basis of either section 9bis or section 9ter of the Act of 15 December 1980, before the date of entry into force of this Act, having been the subject of refusal decisions against which several appeals have been filed, including at least one after the coming into force of this Act, only the last request filed is considered. In this case, the requesting party is deemed to withdraw from the appeals filed earlier, unless it demonstrates its interest. The procedure of section 39/68-3, § 3, of the Act of 15 December 1980 applies.
Art. 6. With respect to requests for leave to stay made successively on the basis of either section 9bis or section 9ter of the Act of 15 December 1980, before the date of entry into force of this Act, having been the subject of refusal decisions against which several appeals have been brought before the date of entry into force of this Act, only the last request filed will be considered. In this case, the requesting party is deemed to withdraw from the appeals filed earlier, unless it demonstrates its interest. The procedure of section 39/68-3, § 3, of the Act of 15 December 1980 applies.
Art. 7. This Act comes into force on the first day of the third month following that of its publication in the Belgian Monitor.
Promulgate this Act, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 2 December 2015.
PHILIPPE
By the King:
Deputy Prime Minister and Minister of the Interior,
J. JAMBON
The Secretary of State for Asylum and Migration,
Th. FRANCKEN
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(1) House of Representatives
(www.lachambre.be)
Documents: 54 K 1415
Senate of Belgium
(www.senate.be)
Documents: 54 S 0241