Act Amending The Act Of 15 December 1980 On Access To The Territory, Residence, Establishment And Removal Of Foreigners For Better Decision-Making Into Account Threats To Society And National Security In Applications For Protection Int

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 vue d'une meilleure prise en compte des menaces contre la société et la sécurité nationale dans les demandes de protection int

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belgiquelex.be - Carrefour Bank of Legislation

10 AOUT 2015. - An Act to amend the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens with a view to better taking into account threats against society and national security in international protection requests (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
CHAPTER 1er. - General provisions
Article 1er. This Act regulates a matter referred to in Article 74 of the Constitution.
Art. 2. This Act partially transposes:
1° Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards relating to the conditions to be met by third-country nationals or stateless persons in order to benefit from international protection, uniform status for refugees or persons eligible for subsidiary protection and the content of such protection (reflect);
2° Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for the granting and withdrawal of international protection (refonte).
CHAPTER 2. - Amendments to the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens
Art. 3. In section 49 of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens, replaced by the Act of 15 September 2006, the following amendments are made:
1° in paragraph 2, paragraph 1er, the words "57/6, paragraph 1er, 7° are replaced by the words "55/3/1, § 2, 1° and 2°";
2° in paragraph 2, two sub-items are inserted between subparagraphs 1er and 2:
"The Minister or his delegate may at any time ask the Commissioner-General for Refugees and Stateless Persons to withdraw the refugee status recognized by a foreigner in accordance with Article 55/3/1, § 1er.
The Minister or his or her delegate shall promptly transmit to the Commissioner-General for Refugees and Stateless Persons any element in his or her possession that may justify a withdrawal decision on the basis of section 55/3/1. Unless expressly stated in this sense, the transmission of such items does not constitute an application for withdrawal of status within the meaning of paragraph 2. ";
3° in paragraph 2, paragraph 2 of which the current text will form paragraph 4, is replaced by the following:
"In case of application of paragraph 1er or paragraph 2 and within sixty working days, the Commissioner-General for Refugees and Stateless Persons shall make a decision to withdraw refugee status or inform the individual and the Minister or his or her delegate that no withdrawal of refugee status shall be made. ";
Paragraph 3 is replaced by the following:
§ 3. When the Commissioner-General for Refugees and Stateless Persons has repealed or withdrawn refugee status or when the person concerned has waived his or her status, the Minister or his or her delegate decides whether the person concerned may be removed in accordance with the provisions of this Act.";
5° the article is supplemented by a paragraph 4, which reads as follows:
§ 4. Recognition of refugee status ends in full right if the refugee has become Belgian."
Art. 4. In section 49/2 of the Act, inserted by the Act of 15 September 2006 and amended by the Act of 8 May 2013, the following amendments are made:
1° in paragraph 4, paragraph 1er is replaced by the following:
§ 4. The Minister or his or her delegate may, during the limited stay of a foreigner, at any time ask the Commissioner-General for Refugees and Stateless Persons to repeal the subsidiary protection status granted abroad, in accordance with section 57/6, paragraph 1erFour. The Minister or his or her delegate may, during the first ten years of his or her stay abroad, from the date on which the asylum application is filed, at any time, request the Commissioner General for Refugees and Stateless Persons to withdraw the subsidiary protection status granted abroad in accordance with section 55/5/1. ";
2° in paragraph 4, two sub-items are inserted between subparagraphs 1er and 2:
"By derogation from paragraph 1er, the Minister or his delegate may at any time request the Commissioner-General for Refugees and Stateless Persons to withdraw the status of subsidiary protection granted to a foreigner who is or should have been excluded in accordance with Article 55/4, § 1er or § 2.
The Minister or his or her delegate shall promptly transmit to the Commissioner-General for Refugees and Stateless Persons any element in his or her possession that may justify a withdrawal decision on the basis of section 55/5/1. Unless expressly stated in this sense, the transmission of such items does not constitute an application for withdrawal of status within the meaning of paragraph 2. The Minister or his or her delegate shall also promptly transmit to the Commissioner-General for Refugees and Stateless Persons any element in his or her possession that may justify an exclusion decision on the basis of section 55/4, paragraph 2."
3° in paragraph 4, paragraph 2 whose current text will form paragraph 4, is replaced by the following:
"In case of application of paragraph 1er or paragraph 2 and within sixty working days, the Commissioner-General for Refugees and Stateless Persons shall make a decision to withdraw or repeal the status of subsidiary protection or inform the individual and the Minister or his or her delegate that no withdrawal or repeal of that status shall be taken. ";
Paragraph 5 is replaced by the following:
§ 5. When the Commissioner-General for Refugees and Stateless Persons has repealed or withdrawn the subsidiary protection status or when the person has waived his or her status, the Minister or his or her delegate decides whether the person concerned may be removed in accordance with the provisions of this Act.";
Paragraph 6 is replaced by the following:
§ 6. Subsidiary protection comes to an end if its beneficiary has become Belgian."
Art. 5. In section 52/4 of the Act, inserted by the Act of 6 May 1993 and amended by the Acts of 15 July 1996 and 15 September 2006, paragraphs 1er and 2 are replaced by the following:
"If a foreigner who has filed an application for asylum pursuant to sections 50, 50 bis, 50ter or 51, constitutes, having been permanently sentenced for a particularly serious offence, a danger to society or where there are reasonable grounds to consider it as a danger to national security, the Minister or his delegate shall promptly transmit all such elements to the Commissioner General.
The Commissioner-General for Refugees and Stateless Persons may refuse to recognize refugee status if the foreigner is, having been permanently convicted of a particularly serious offence, or where there are reasonable grounds to consider it as a danger to national security. In this case, the Commissioner-General for Refugees and Stateless Persons shall issue an opinion on the compatibility of a removal measure with sections 48/3 and 48/4. ".
Art. 6. In Article 55, § 3 of the Act, re-established by the Act of 22 December 2003, the following amendments are made:
1° the word "conform" is repealed;
2° the words "at Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950" are replaced by the words "at Articles 48/3 and 48/4".
Art. 7. Section 55/2 of the Act, inserted by the Act of 15 September 2006, is supplemented by a paragraph 2 which reads as follows:
"When he excludes from refugee status, the Commissioner-General renders, as part of his decision, an opinion on the compatibility of a removal measure with sections 48/3 and 48/4. ".
Art. 8. In the same Act, an article 55/3/1 is inserted as follows:
"Art. 55/3/1. § 1. The Commissioner-General for Refugees and Stateless Persons may withdraw refugee status when the foreigner is, having been permanently convicted of a particularly serious offence, a danger to society or where there are reasonable grounds to consider it as a danger to national security.
§ 2. The Commissioner-General for Refugees and Stateless Persons withdraws refugee status:
1° abroad that is or should have been excluded under section 55/2;
2° abroad whose status has been recognized on the basis of facts that he has presented in an altered manner or that he has concealed, false statements or false or falsified documents that have been determinant in the recognition of the status or abroad whose personal behaviour subsequently demonstrates the lack of fear of persecution in his leader.
§ 3. When withdrawing refugee status pursuant to paragraph 1er or paragraph 2, 1°, the Commissioner-General shall, as part of his decision, give notice of the compatibility of a removal measure with sections 48/3 and 48/4. ".
Art. 9. In the same Act, section 55/4, inserted by the Act of 15 September 2006, the text of which will form paragraph 1er, is supplemented by paragraphs 2, 3 and 4, as follows:
"§2. A foreigner is also excluded from the status of subsidiary protection when it represents a danger to society or national security.
§ 3. An alien may be excluded from the subsidiary protection status if, prior to his arrival in the territory, he has committed one or more offences that do not fall within the scope of subsection 1er and who shall be liable to a prison sentence if he or she has been committed in the Kingdom, provided that the foreigner has left his or her country of origin only in order to escape penalties arising out of that offence(s).
§ 4. Where the Commissioner-General excludes from the status of subsidiary protection, the Commissioner-General shall, as part of his decision, render an opinion on the compatibility of a removal measure with sections 48/3 and 48/4. ".
Art. 10. In the same law, an article 55/5/1 is inserted as follows:
"Art. 55/5/1. § 1. The Commissioner-General for Refugees and Stateless Persons may withdraw the subsidiary protection status if the foreigner has committed one or more offences that do not fall within the scope of Article 55/4, § 1er, and who shall be liable to a prison sentence if he or she has been committed in the Kingdom, provided that the foreigner has left his or her country of origin only in order to escape penalties arising out of such offences.
§ 2. The Commissioner-General for Refugees and Stateless Persons withdraws the status of subsidiary protection:
1° abroad that is or should have been excluded under Article 55/4, §§ 1 or 2;
2° to the foreigner to whom the status was granted on the basis of facts that he has presented in an altered manner or that he has concealed, false statements or false or falsified documents that have been determinant in the granting of the status or abroad whose personal behaviour subsequently demonstrates the lack of real risk of suffering serious breaches in his leader.
§ 3. When removing the subsidiary protection status pursuant to paragraph 1er or paragraph 2, 1° , the Commissioner-General shall, as part of his decision, give notice of the compatibility of a removal measure with sections 48/3 and 48/4. ".
Art. 11. In section 57/6 of the Act, inserted by the Act of 14 July 1987 and replaced by the Act of 15 September 2006, the following amendments are made:
1° in paragraph 1er, the 6° is replaced by the following:
"6° to withdraw refugee or subsidiary protection status on the basis of articles 55/3/1 and 55/5/1;"
2° to paragraph 1er, the 7° is replaced by the following:
"7° to render the opinion that the Minister or his delegate may seek in accordance with Article 17, § 6, in order to determine whether a foreigner still enjoys international protection in the Kingdom; ";
3rd paragraph 1er is completed by the 9° to 15° written as follows:
"9° to render an opinion on the compatibility of a distance measure with articles 48/3 and 48/4 when it refuses to recognize refugee status on the basis of article 52/4, paragraph 2;
10° to render an opinion as to the compatibility of a distance measure with articles 48/3 and 48/4 for foreigners whose application for asylum is declared not applicable in accordance with section 55;
11° to render an opinion on the compatibility of a removal measure with sections 48/3 and 48/4 when it excludes refugee status on the basis of section 55/2;
12° to render an opinion on the compatibility of a removal measure with articles 48/3 and 48/4 when it withdraws refugee status on the basis of Article 55/3/1 § 1er or § 2, 1;
13° to render an opinion on the compatibility of a distance measure with sections 48/3 and 48/4 when it excludes from the status of subsidiary protection on the basis of Article 55/4;
14° to render an opinion on the compatibility of a distance measure with articles 48/3 and 48/4 when it withdraws the subsidiary protection status on the basis of Article 55/5/1, § 1er or § 2, 1°;
15° to render the notice referred to in Article 57/6/1, paragraph 4, for the determination of the list of countries of origin safe.".
Art. 12. In article 57/9 of the same law, inserted by the law of 14 July 1987 and last amended by the law of 8 May 2013, the words "57/6, 1° to 7°, 57/6/1, 57/6/2 and 57/6/3," are replaced by the words "52/4, 57/6, 1° to 15°, 57/6/1, 57/6/2 and 57/6/3,".
Art. 13. Section 57/27 of the Act, inserted by the Act of 14 July 1987 and amended by the Acts of 15 September 2006 and 27 December 2006, is supplemented by three paragraphs as follows:
"Paragraph 1er is not an application when it relates to information:
(1) who are brought to the attention of the intelligence and security services and who are useful in carrying out their missions as determined in the Act of 30 November 1998 of the Intelligence and Security Services; or
(2) who are requested by the police, the King's Prosecutor, the Federal Prosecutor or the investigating judge in the course of a police or judicial investigation; or
(3) relating to evidence of offences that are brought to the attention of the Crown Prosecutor in accordance with section 29 of the Code of Criminal Investigation; or
(4) which, upon express request, are brought to the attention of European or international courts in accordance with the regulations concerning them; or
5) regarding identity data that are brought to the attention of the Aliens Office.
The authorities referred to in paragraph 2 do not disclose to alleged actors of persecution or serious violations against the claimant the information concerning the asylum application, or the fact that an asylum application was filed.
They do not seek to obtain alleged actors of persecution or serious breaches against the claimant of the information in such a way that these actors are informed that an asylum application was filed by the claimant in question, and that the physical integrity of the claimant and the persons in charge of it, or the freedom and security of the members of his family who are still staying in his country of origin, are compromised. ".
Art. 14. Article 74/17, § 1er of the same law, inserted by the law of 19 January 2012, is supplemented by a paragraph 2 which reads as follows:
"In the event that the Commissioner-General for Refugees and Stateless Persons renders an opinion pursuant to Article 57/6, paragraph 1er, 9° to 14° indicating that there is a risk under sections 48/3 and 48/4, the removal may only take place through a reasoned and circumstantial decision of the Minister or his delegate demonstrating that the opinion of the Commissioner-General for Refugees and Stateless Persons is no longer present."
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given to Poitiers, August 10, 2015.
PHILIPPE
By the King:
Deputy Prime Minister and Minister of Security and Interior,
J. JAMBON
The Secretary of State for Asylum and Migration,
T. FRANCKEN
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(1) Session 2014-2015.
House of Representatives.
Documents. - Bill, 54 1197/001. - Amendments, 54 1197/002. - Report, 54 1197/003. - Text adopted by the Commission, 54 1197/004. - Text adopted in plenary and subject to Royal Assent, 54 1197/005.
See also:
Full report. - July 15-16, 2015.