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

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2015000763&caller=list&article_lang=F&row_id=100&numero=185&pub_date=2015-12-17&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2015-12-17 Numac: 2015000763 SERVICE PUBLIC FEDERAL Interior 2 December 2015. -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 PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1. 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 the territory, residence, establishment and removal of aliens arts 2. in title Ibis, Chapter 5, Section I, of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners, it is inserted an article 68-39-3 as follows: "article 68-39-3. § 1. When a requesting party introduced a petition against a decision taken on the basis of article 9bis, while an appeal against a decision made previously against him on the basis of article 9A is still pending, the Council shall act on the basis of the last introduced query. The applicant is deemed to discontinue the action brought previously, unless it demonstrates his interest.
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2. When a requesting party introduced a petition against a decision taken on the basis of article 9ter, while an appeal against a decision taken previously against him on the basis of article 9ter is still pending, the Council shall act on the basis of the last introduced query. The applicant is deemed to discontinue the action brought previously, unless it demonstrates his interest.
§ 3. When the president of the Chamber or the judge designated considers that paragraph 1 or paragraph 2 applies, he mentions in the order as expected, as appropriate, by article 39/73, § 2, or 39/74. "."
S. 3. in article 39/73 of the Act, inserted by the law of December 29, 2010 and last modified by the law of May 8, 2013, "what it means" are each time replaced by the words "designated".
CHAPTER 3. -Transitional provisions and entry into force article 4. article 2 applies to appeals against decisions taken on the basis of article 9A or article 9B of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners, introduced from the date of entry into force of this Act.
S. 5. with regard to authorization of stay requests introduced successively on the basis either of article 9A article 9ter of the Act of 15 December 1980, prior to the date of entry into force of this Act, which were the subject of decisions of refusal against which several remedies have been introduced, including at least one after the entry into force of this Act only the last introduced query is examined. In this case, the applicant is deemed discontinuance of appeals previously, unless it demonstrates his interest.
The procedure of article 68-39-3, § 3, of the Act of 15 December 1980 shall apply.
S.
6. with regard to authorization of stay requests introduced successively on the basis either of article 9A article 9ter of the Act of 15 December 1980, prior to the date of entry into force of this Act, subject decisions of refusal against which several remedies have been introduced before the date of entry into force of this Act only the last query introduced will be discussed. In this case, the applicant is deemed discontinuance of appeals previously, unless it demonstrates his interest. The procedure of article 68-39-3, § 3, of the Act of 15 December 1980 shall apply.
S. 7. this Act comes into force the first day of the third month following that of its publication in the Moniteur belge.
Promulgate this Act, order that it be under the seal of the State and published by the Belgian Monitor.
Given in Brussels, December 2, 2015.
PHILIPPE by the King: vice-Prime Minister and Minister of the Interior, J. ham Secretary of State to asylum and Migration, th. FRANCKEN sealed with the seal of the State: the Minister of Justice, K. GARG _ Note (1) House of representatives (www.lachambre.be) Documents: 54 K 1415 Senate of Belgium (www.senate.be) Documents: 54 S 0241