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

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2015000440&caller=list&article_lang=F&row_id=200&numero=268&pub_date=2015-08-24&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2015-08-24 Numac: 2015000440 SERVICE PUBLIC FÉDÉRAL inside 10 August 2015. -An Act amending the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners with a view to taking greater account of the threats to society and national security in the applications for international protection (1) PHILIPPE, King of the Belgians, to all, present and future, hi.
The House of representatives has adopted and we sanction the following: Chapter 1. -Provisions General Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
S.
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 conditions that are third-country nationals or stateless persons to qualify for international protection, a uniform status for refugees and persons eligible for subsidiary protection and the content of the protection (recast);
2 ° directive 2013/32/EU of the European Parliament and of the Council of June 26, 2013 on common procedures for granting and withdrawing international protection (recast).
CHAPTER 2. -Amendments to the Act of 15 December 1980 on access to the territory, residence, establishment and removal of aliens arts 3. in article 49 of the law of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners, replaced by the law of 15 September 2006, the following changes are made: 1 ° in paragraph 2, paragraph 1, the words "57/6, paragraph 1, 7 ° ' shall be replaced by the words" 3-55-1, § 2, 1 ° and 2 ° ";
2 ° in paragraph 2, two paragraphs worded as follows shall be inserted between paragraphs 1 and 2: "the Minister or his delegate may at any time request the Commissioner-general for refugees and stateless persons to withdraw refugee status recognized to a foreigner, in accordance with article 3-55-1, § 1."
The Minister or his delegate shall forward forthwith to the Commissioner-general for refugees and stateless persons any item in his possession which could justify a decision to withdraw on the basis of section 3-55-1.
Unless otherwise indicated in this sense, the transmission of such elements does not constitute a request for withdrawal of status within the meaning of paragraph 2. ';
3 ° in the paragraph 2, subparagraph 2 the current text, form paragraph 4, is replaced by the following: "In case of application of paragraph 1 or paragraph 2 and within a period of sixty days, the Commissioner-general for refugees and stateless persons makes a decision of withdrawal of refugee status or shall inform the person concerned and the Minister or his delegate shall not be made to the withdrawal of this status.";
4 °, paragraph 3 is replaced by the following: "§ § 3 3" When the Commissioner-general for refugees and stateless persons has repealed or withdrawn refugee status or when the person has renounced its status, the Minister or his delegate decides if the person concerned may be removed in accordance with the provisions of this Act. ";
5 ° article is supplemented by a paragraph 4 as follows: "§ § 4 4" Recognition of refugee status terminates of right if the refugee has become Belgian. "."
S. 4. in article 49/2 of the same Act, inserted by the law of 15 September 2006 and amended by the law of May 8, 2013, the following changes are made: 1 ° in paragraph 4, paragraph 1 is replaced by the following: "§ § 4 4" The Minister or his delegate may, during the stay abroad, limited at any time request to the Commissioner-general for refugees and stateless persons to repeal the subsidiary protection status granted abroad, in accordance with article 57/6, paragraph 1, 4 °. The Minister or his delegate may, during the first ten years of stay abroad, from the date of submission of the application for asylum, at any time, apply to the Commissioner-general for refugees and stateless persons to remove the status of subsidiary protection granted abroad in accordance with section 1-5-55. ";
2 ° in paragraph 4, two paragraphs worded as follows shall be inserted between paragraphs 1 and 2: "by way of derogation from paragraph 1, the Minister or his delegate may at any time request to the Commissioner-general for refugees and stateless persons to remove the status of subsidiary protection granted to a foreigner who is or who ought to be excluded pursuant to article 55/4" , § 1 or § 2.
The Minister or his delegate shall forward forthwith to the Commissioner-general for refugees and stateless persons any item in his possession which could justify a decision to withdraw on the basis of article 55/5/1. Unless otherwise indicated in this sense, the transmission of such elements does not constitute a request for withdrawal of status within the meaning of paragraph 2. The Minister or his delegate also shall promptly transmit to the Commissioner-general for refugees and stateless persons any item in his possession which could justify a decision of exclusion on the basis of article 55/4, § "§ 2 2;
3 ° in paragraph 4, subparagraph 2, of which the current text form paragraph 4, is replaced by the following: "In case of application of paragraph 1 or paragraph 2 and within a period of sixty days, the Commissioner-general for refugees and stateless persons makes a decision on withdrawal or repeal of subsidiary protection status or informs the person concerned and the Minister or his delegate it is not made to the withdrawal or the repeal of this status.";
4 °, paragraph 5 is replaced by the following: "§ § 5 5" When the Commissioner-general for refugees and stateless persons has repealed or withdrawn status of subsidiary protection or when one has waived its status, the Minister or his delegate decides if the person concerned may be removed in accordance with the provisions of this Act. ";
5 ° paragraph 6 is replaced by the following: "§ § 6 6" Subsidiary protection shall terminate right if its recipient became Belgian. "."
S. 5. in article 52/4 of the same Act, inserted by the Act of 6 May 1993 and amended by the law of 15 July 1996 and 15 September 2006, paragraphs 1 and 2 are replaced by the following: "If foreign national who has applied for asylum in accordance with articles 50, 50A, 50B or 51, is, having been sentenced definitively for a particularly serious offence a danger to society or when there are reasonable grounds to consider it as a danger to national security, the Minister or his delegate shall promptly transmit all elements in this sense to the Commissioner-general.
The Commissioner-general for refugees and stateless persons may refuse to recognize refugee status if the alien is, having been sentenced definitively for 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 an expulsion with articles 48/3 and 48/4 measure. "."
S. 6a article 55, paragraph 3 of the same Act, restored by the law of December 22, 2003, the following changes are made: 1 ° the word "consistent" is repealed;
2 ° "in article 3 of the Convention for the protection of the rights of man and fundamental freedoms signed in Rome on 4 November 1950" shall be replaced by the words "in articles 48/3 and 48/4".
S. 7. article 55/2 of the same Act, inserted by the law of 15 September 2006, is supplemented by a paragraph 2 as follows: "when it excludes from refugee status, the Commissioner-general makes, in its decision, an opinion as to the compatibility of an expulsion with articles 48/3 and 48/4 measure.".
S. 8. in the Act, it is inserted an article 55/3/1 as follows: "article 3-55-1. § 1. The Commissioner-general for refugees and stateless persons may withdraw refugee status when abroad is, definitively sentenced for a particularly serious offence, a danger to society or when 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 which is or which ought to be excluded pursuant to article 55/2;
2 ° abroad whose status was recognized on the basis of facts that he made way altered or it has concealed, false statements or false or falsified documents which have been crucial in the recognition of the status or abroad whose personal behaviour subsequently demonstrates without fear of persecution in his head.
§ 3. When he removed the status of refugee in application of paragraph 1 or paragraph 2, 1 °, the Commissioner-general makes, in its decision, an opinion on the compatibility of an expulsion with articles 48/3 and 48/4 measure. "."
S. 9. in the same Act, article 55/4, inserted by the law of September 15, 2006, the text of which will form the 1st paragraph, is supplemented by paragraphs 2, 3 and 4, worded as follows: "§ § 2 2" A foreigner is also excluded from subsidiary protection status when it represents a danger to national security or the company.
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3. An alien may be excluded from the status of subsidiary protection if, before his arrival in the territory, he has committed one or more offences which does not fall within (nt) the scope of paragraph 1 and which will be (en) t (s) liable to imprisonment if she (s) avai (en) t been committed (s) in the Kingdom, provided that the alien has left his country of origin to escape penalties resulting from this (tte) s) infringement (s).

§ 4. When it excludes the status of subsidiary protection, the Commissioner-general makes, in its decision, an opinion on the compatibility of an expulsion with articles 48/3 and 48/4 measure. "."
S. 10. in the same Act inserted an article 1-5-55 as follows: "article 5-55-1. § 1. The Commissioner-general for refugees and stateless persons may withdraw subsidiary protection status if the alien has committed one or more offences which does (nt) outside the scope of application of article 55/4, § 1, and which will be (en) t (s) liable to imprisonment if she (s) avai (en) t been committed (s) in the Kingdom, provided that the alien has left his country of origin to escape penalties resulting from this (tte) (s) offences.
§ 2. The Commissioner-general for refugees and stateless persons withdraw subsidiary protection status: 1 ° abroad which is or which ought to be excluded pursuant to article 55/4, §§ 1 or 2;
2 ° abroad to which the status has been granted on the basis of facts that he made way altered or it has concealed, false statements or false or falsified documents which have been crucial in the provision of the statute or internationally whose personal behaviour subsequently demonstrates no real risk of suffering serious harm in his head.
§ 3. When he removed the status of subsidiary protection pursuant to paragraph 1 or paragraph 2, 1 °, the Commissioner-general makes, in its decision, an opinion on the compatibility of an expulsion with articles 48/3 and 48/4 measure. "."
S. 11A article 57/6 of the same Act, inserted by the Act of 14 July 1987 and replaced by the law of 15 September 2006, the following changes are made: 1 paragraph 1 °, 6 ° is replaced by the following: "6 ° to remove the status of refugee or subsidiary protection status on the basis of articles 1-3-55 and 55/5/1;";
2 ° to the paragraph 1, 7 ° is replaced by the following: "7 ° to make notice that the Minister or his delegate may request in accordance with article 17, § 6, in order to know if a stranger still benefits from international protection in the Kingdom;";
3 ° the paragraph 1 is supplemented by the 9 ° to 15 ° written as follows: "9 ° to render an opinion on the compatibility of an expulsion with articles 48/3 and 48/4 measure when it refuses to recognize the refugee status on the basis of article 52/4, paragraph (2);"
10 ° to render an opinion on the compatibility of an expulsion measure with articles 48/3 and 48/4 for the foreigner whose application for asylum is declared moot in accordance with article 55;
11 ° to render an opinion on the compatibility of an expulsion with articles 48/3 and 48/4 measure when it excludes from refugee status on the basis of article 55/2;
12 ° to render an opinion on the compatibility of an expulsion with articles 48/3 and 48/4 measure when it withdraws refugee status on the basis of section 3-55-1 § 1 or § 2, 1;
13 ° to render an opinion on the compatibility of an expulsion with articles 48/3 and 48/4 measure when it excludes the status of subsidiary protection on the basis of article 55/4;
14 ° to give an opinion on the compatibility of an expulsion with articles 48/3 and 48/4 measure when he removed the subsidiary protection status on the basis of article 55/5/1, § 1 or § 2, 1 °;
15 ° to make the notice referred to in article 57/6/1, paragraph 4, for the determination of the list of safe countries of origin. "."
S. 12. in article 57/9 of the same Act, inserted by the law of July 14, 1987, and as last amended by the law of May 8, 2013, "57/6, 1 ° to 7 °, 57/6/1, 6/57/2 and 57/6/3," shall be replaced by the words "52/4, 57/6, 1 ° to 15 °, 57/6/1" 2-6-57 and 6-57-3, "."
S. 13 article 57/27 of the same Act, inserted by the law of July 14, 1987 and amended by the laws of September 15, 2006 and December 27, 2006, is supplemented by three paragraphs worded as follows: "(L'alinéa 1er n'est pas d'application lorsqu'il concerne deles de renseignements: 1) which are brought to the attention of the intelligence and security services and which are relevant to the implementation of such missions as determined in the law of 30 November 1998" organic services intelligence and security; or 2) that are requested by the police, by the Prosecutor, the federal prosecutor or the investigating judge as part of a police or judicial investigation. or 3) relating to evidence of offences which are brought to the attention of the Prosecutor in accordance with article 29 of the Code of criminal procedure; or 4) which, on specific request, are brought to the attention of European or international courts in accordance with the regulations; or 5) concerning identity data which are brought to the attention of the Office for foreigners.
The authorities referred to in paragraph (2) shall not disclose alleged actors of persecution or serious attacks against the asylum seeker information concerning asylum, nor the fact that an asylum application has been entered.
They do not seek to obtain the so-called actors of persecution or serious attacks against asylum seekers of information in a way such that these actors are informed that an application for asylum was introduced by the applicant in question, and that the physical integrity of the latter and persons in its charge, or the freedom and security of members of his family residing in his country of origin , are compromised. "."
S. 14. article 74/17, § 1 of the Act, inserted by the Act of January 19, 2012, is supplemented by a paragraph 2 as follows: "in the event that the Commissioner-general for refugees and stateless persons shall formulate an opinion in accordance with article 57/6, paragraph 1, 9 ° to 14 ° indicating that there is a risk with respect to articles 48/3 and 48/4" , removal may take place only with a reasoned and substantiated decision of the Minister or his delegate demonstrating that the opinion of the Commissioner-general for refugees and stateless persons is more current. "."
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Poitiers, on August 10, 2015.
PHILIPPE by the King: the Deputy Prime Minister and Minister of security and the Interior, J. ham the Secretary of State to asylum and Migration, T. FRANCKEN sealed with the seal of the State: the Minister of Justice, K. GARG _ 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 session 1197/005.
See also: Compte rendu intégral. -15-16 July 2015.