Act Amending The Act Of 15 December 1980 On Access To The Territory, Residence, Establishment And Removal Of Foreigners, And Amending The Act Of 27 December 2006 Of Miscellaneous Provisions Ii (1).

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, et modifiant la loi du 27 décembre 2006 portant des dispositions diverses II (1)

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013000535&caller=list&article_lang=F&row_id=1100&numero=1152&pub_date=2013-08-22&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-08-22 Numac: 2013000535 Interior FEDERAL PUBLIC SERVICE 8 may 2013. -An Act amending the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners, and amending the Act of 27 December 2006 of miscellaneous provisions II (1) ALBERT II, 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 77 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 article 39/2, § 1, of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners, inserted by the law of 15 September 2006 and amended by the Act of March 15, 2012, paragraph 3 is replaced by the following: 'by way of derogation from paragraph 2, the annulment proceedings referred to in § 2 is open against. : 1 ° the decision of not taken into account under article 57/6, paragraph 1, 2 °;
2 ° the decision of not taken into account in article 57/6/1, paragraph 1;
3 ° decision not taken into account under article 6-57-2;
4 ° the decision of not taken into account under article 57/6/3;
5 ° the decision making application of article 52 § 2, 3 ° to 5 °, § 4, § 3, 3 °, 3 °, or article 57/10. » Art. 3. article 39/3 of the same Act, inserted by the law of 15 September 2006, is replaced by the following: «art.»
39/3. At the initiative of the first president, an activity report which detailed rules may be laid down by the King, is written and published annually. » Art. 4. in article 39/6, § 3, paragraph 3 of the same Act inserted by the law of September 15, 2006, the words "or for the development of the law" are inserted between the words "in order to ensure the unity of jurisprudence in the room' and the words ', a case should be treated '.
S. 5. in article 39/8 of the same Act, inserted by the law of 15 September 2006, paragraph (3) is repealed.
S. 6a article 39/10, paragraph 2, of the Act, inserted by the law of 15 September 2006, the following changes are made: 1 ° 2 ° is replaced by the following provision: «2 ° when the president of the Chamber deems it necessary to ensure the jurisprudence's unity or the development of the law. ''
2 ° 3 ° is repealed.
S. 7. in article 39/12, paragraph 1, of the Act, inserted by the law of 15 September 2006, "that, to guarantee the unity of the case law, a case must be treated by the General Assembly" shall be replaced by the words "that it is necessary for the unit the jurisprudence or the development of law, that a case be dealt with by the General Assembly.
S. 8. at article 39/18 of the same Act, inserted by the law of 15 September 2006 and amended by the Act of 27 December 2006, the following changes are made: 1 ° in paragraph 2, the words «necessary and particularly at the request of one of the parties, is it uses a translator» are replaced by the words "except in the case where the language regime provided for in article 51/4 «, § 3, applies and where the applicant indicated in his application for asylum, that it does not have the assistance of an interpreter, it may request the assistance of an interpreter at the hearing.
2 ° article is supplemented by a paragraph worded as follows: "except in the case where the applicant shall be assisted by an interpreter in accordance with paragraph 2, it shall, if article 51/4 is applicable, use the language of the proceedings determined in accordance with the abovementioned provision for his oral remarks at the hearing. ''
S. 9. article 39/27 of the same Act, inserted by the law of 15 September 2006 and amended by the Act of May 6, 2009, is repealed.
S.
10A article 39/57 of the Act, inserted by the law of 15 September 2006 and amended by the laws of May 6, 2009 and December 29, 2010, the following changes are made: 1 ° in the § 1, paragraph 2, the words 'in article 74/8"are replaced by the words"in articles 74/8 and 74/9 ';
in § 2 paragraph 1 2 °, 4 °, the words "or by any other notification authorized by this Act and not provided for in this paragraph" are inserted between the words "by fax" and the words ", the first day.
S.
11A article 39/57-1, of the Act, inserted by the law of December 29, 2010, the following changes are made: 1 ° paragraph 2 is supplemented by the following sentence: "If a party has elected a lawyer home, remittances can also be made by e-mail to the address that the lawyer has used for sending the copy referred to in article 39/69. , § 1, paragraph 3, 7 °, unless that counsel had expressly indicated an alternate email address for this purpose.
»;
2 ° in paragraph 4, the words "or by fax." shall be replaced by the words "by fax or e-mail of the Minister or his delegate."
S. 12. article 39/58 of the Act, inserted by the law of 15 September 2006, is replaced by the following: «art.» 39/58.
With the exception of the Belgian administrative authorities, any party to proceedings shall elect domicile in Belgium in the first pleading that it does, without prejudice to article 39/69, § 1, paragraph 7.
All notifications, communications and notices from the registry, are validly made at the elected domicile.
This election of domicile applies to any subsequent procedural acts.
Any change in address for service must be specifically formulated and communicated separately for each appeal by sending recommended to the Chief Registrar, specifying the full reference of the number of role of the action affected by the change.
Death of a party, and unless instance recovery, all communications and notifications from the Council are validly made address of the deceased to the entitled collectively, and designation of names and qualifications. » Art. 13. in the Ibis title, Chapter 5, section 1 of the Act, there is inserted a 68-39-2 as follows: «art.» 68-39-2. When a requesting party has introduced several admissible requests against the same contested, these remedies are seals of office. In this case, the Council shall act on the basis of the last query introduced, unless the applicant does expressly to the Council, no later than at the hearing, the motion on the basis of which it must rule. The applicant is deemed to withdraw from other applications.
If there is a class action, the Council shall act on the basis of the last introduced query, unless all the applicants indicate expressly and collectively in the Council, no later than at the hearing, the motion on the basis of which it must rule. The applicants are deemed to withdraw from other applications. » Art. 14A article 39/69 of the Act, inserted by the law of 15 September 2006 and amended by the laws of May 6, 2009 and December 29, 2010, the following changes are made: 1 ° in the § 1, paragraph 2, 4 °, the words "as well as, when new elements, within the meaning of article 39/76, § 1, paragraph 4 are invoked. ", according to which there is, so far, of serious indications of a well-founded fear of persecution within the meaning of the International Convention on the status of refugees, signed at Geneva on 28 July 1951, or a real risk of serious damage as referred to in article 48/4, the reasons for which these elements could not be disclosed in a timely manner to the Commissioner-general to the refugees and stateless persons" are repealed;
2 ° in the § 1, paragraph 3 (2), the word 'six' is replaced by the word "four";
3 ° the § 1, paragraph 3, is supplemented by a 7 °, as follows: "7 ° requests introduced by a party be assisted by a lawyer, no copy was sent by electronic mail and in the manner established by a royal decree.";
4 ° in the § 1, subparagraph 4, the figure ', 7 °' is inserted between the words "paragraph 3, 1 °, 2 °, 4 °, 5 °, 6 °" and the words "Chief Clerk";
5 ° in the § 1, inserted a paragraph 7, as follows: "except in the case where another address in Belgium is listed specifically as domicile elected, the first address in Belgium mentioned in the application is deemed to be the address for service within the meaning of § 1, paragraph 2, 2 °.» »;
6 ° in § 2, 'in article 74/8"shall be replaced by the words"in articles 74/8 and 74/9.
S. 15. in article 39/71 of the Act, inserted by the law of 15 September 2006 and amended by the laws of May 6, 2009 and December 29, 2010, the words ", to the Minister or his delegate" and the words "and the Commissioner-general for refugees and stateless persons" are repealed.
S. 16. in article 39/72, of the same Act, inserted by the law of 15 September 2006 and amended by the law of December 23, 2009, the § 1 is replaced by the following: "§ 1.» The defendant passes the administrative record to the Clerk within eight days of the notification of the appeal. It can attach a note of observation at the latest with the administrative record, unless before the expiration of that period of eight days, she informed the registry that it will communicate this note within fifteen days of notification of the appeal.
If the original observation note is introduced by registered letter or by hand against acknowledgement of receipt, a copy of it is, under penalty of inadmissibility of the note of observation, sent within the same time limit by electronic mail and this,

in the manner established by a royal decree. ».
S. 17. in article 39/73, § 3, of the Act, inserted by the Act of September 15, 2006 and replaced by the law of December 29, 2010, the words "the discontinuance of proceedings or the good founded the use is found" are replaced by the words "the appeal is followed or rejected.
S. 18. in article 39/76 of the Act, inserted by the law of 15 September 2006 and amended by the laws of May 6, 2009 and December 29, 2010, the § 1 is replaced by the following: "§ 1.» President of Chamber before it or the designated foreign litigation judge was still considering if it can confirm or alter the contested decision. It may be based in particular on the assessment criteria determined by article 57/6/1, paragraphs 1 to 3.
The parties may submit new evidence until the close of the debate through an additional note.
Without prejudice to the prohibition referred to in article 39/60, additional note is confined to these developments, under penalty of separation of the debates for the surplus. New elements which are not included in the additional note are extended office of the debates.
If the president of Chamber seized or the designated judge considers that the new evidence relied on by the applicant or intervener significantly increase the likelihood that foreign fulfils the conditions required for the recognition of refugee status within the meaning of article 48/3 or for subsidiary protection within the meaning of article 48/4, and if In addition, it finds in a cumulative manner that pursuant to section 39/2, § 1, paragraph 2, 2 °, he must cancel the contested decision because it cannot find the confirmation or the reformation of the contested decision without additional training measures of these new elements, directs the Commissioner-general for refugees and stateless persons, as the case , either at the hearing or after the hearing through a succinctly reasoned order, to examine the new elements he indicates and to submit a written report within eight days, as the case may be, either hearing or notification of the order.
If the Commissioner-general for refugees and stateless persons expressly waives this right of review, or if the written report referred to in paragraph 3 is not introduced or is late, the contested decision is canceled without further proceedings or hearing.
If the Commissioner-general for refugees and stateless persons filed written report within the time limit, it is communicated by the registry to the party applicant or intervener. It introduces a note in reply within eight days of the notification of this report.
If the party applicant or intervenor fails to insert a note in reply within the period of eight days set in paragraph 5, it is supposed to agree with the point of view adopted by the Commissioner-general for refugees and stateless persons in its report.
If the president of the Chamber before it or the designated judge considers that new evidence relied on by the Commissioner-general for refugees and stateless persons increase significantly the probability to see without more that the alien does not meet the conditions required for the recognition of refugee status within the meaning of article 48/3 or subsidiary protection within the meaning of article 48/4 He asked the applicant or intervener, either at the hearing or after the hearing through an order briefly, to communicate its observations concerning the new elements it says and the point of view of the Commissioner-general within eight days to the refugees and stateless persons on the impact that these new elements have on the possibility of recognition or maintaining the quality of refugee or subsidiary protection status.
If the party applicant or intervenor fails to insert a note in reply within the period of eight days laid down in paragraph 7, it is expected to subscribe to the point of view adopted by the Commissioner-general for refugees and stateless persons in its note or at the hearing regarding the new elements contained therein.
If the president of Chamber before it or the designated judge considers that new evidence relied on by the Commissioner-general for refugees and stateless persons increase significantly the likelihood that foreign fulfils the conditions required for the recognition of refugee status within the meaning of article 48/3 or subsidiary protection within the meaning of article 48/4 , and if, in addition, it finds in a cumulative manner that, pursuant to section 39/2, § 1, paragraph 2, 2 °, it should annul the contested decision because it cannot find the confirmation or the reformation of the contested decision without additional training measures of these new elements, this finding leads to cancellation of office of the contested decision. » Art. 19. in article 39/77, § 1, paragraphs 1 and 3, and paragraph 3 of the same Act, inserted by the law of 15 September 2006 and amended by laws of December 27, 2006 and on 6 May 2009, 'in article 74/8' shall each time be replaced by the words "in articles 74/8 and 74/9.
S.
20A article 39/78, paragraph 1, of the Act, inserted by Act of 15 September 2006, the following changes are made: 1 ° the words ", except in the cases provided for in article 51/4, § 3," are inserted between the words "understanding that" and the words "the provisions";
2 ° the words «4 ° with respect to the invocation of new elements, and "are repealed.
S. 21A article 39/81 of the Act, inserted by the law of 15 September 2006 and amended by the Act of 31 December 2012, the following changes are made: 1 ° in paragraph 1, the words 'and 57/6/1' shall be replaced by the words ', 1-6-57, 57/6/2 and 57/6/3 ";
2 ° paragraph 2 is supplemented by the following sentence: 'If the original observation note is introduced by registered letter or by hand against acknowledgement of receipt, a copy thereof shall, on pain of unacceptability of the note of observation, sent within the same time limit by electronic mail and in the manner established by a royal decree.';
3 ° a paragraph worded as follows is inserted between paragraphs 7 and 8: under penalty of inadmissibility of the memory of synthesis and if the requesting party is assisted by a lawyer, a copy of the memory of synthesis is sent within the time limit referred to in paragraph 5 by electronic mail and in the manner prescribed by a royal decree. The registry expressly mention this requirement on the notification provided for in paragraph 3.
S. 22. in article 39/82, § 4, paragraph 2, of the Act, inserted by the law of 15 September 2006 "five days, without this time may be less than three working days" shall be replaced by the words "three working days, i.e. every day except a Saturday, a Sunday or a legal holiday.
S. 23. in article 39/83 of the Act, restored by the law of May 6, 2009, the words "five days after the notification of the measure, without this time may be less than three working days" are replaced by the words "three working days, i.e. every day except a Saturday, a Sunday or a legal holiday, after the notification of the measure.
S. 24. in article 39/85, paragraph 1, of the Act, inserted by the law of September 15, 2006, the words ' against this measure and provided that this application has been placed on the role "are inserted between the words"which has already introduced a request for suspension"and the word", may,
S. 25. article 51/8, paragraph 3, of the Act, inserted by the Act of 6 May 1993 and amended by the law of 15 September 2006, is repealed.
CHAPTER 3. -Amendments to the law 27 December 2006 various provisions (ii) s. 26. in article 112, paragraph 1, of the Act of 27 December 2006 of the provisions various (II), the words ' the Council of litigation of foreigners can know on the basis of article 39/2, § 1, of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners. ' shall be replaced by the words "which are directed against the decisions which have been taken pursuant to the provisions of title II. Chapter II, sections 1 and 2, of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners and for which the Council of litigation of foreigners is competent under article 39(1) of the Act. » CHAPTER 4. -Entry into force and transitional provisions art. 27. on articles 14, 3 ° and 4 °, 16, 2, and 21, 2 ° and 3 °, come into force the first day of the sixth month following the month of the publication of this Act in the Moniteur belge.
S. 28. articles 8, 18 and 22 are applicable to the remedy for which, at the date of entry into force of these provisions, the order of hearing has not yet been notified.
Articles 16 and 21, 2 °, are applicable to the use for which the registry has not yet sent a copy of the appeal the defendant.
Articles 14, 6 °, 19, 22 and 23 shall apply to the contested decisions which were notified after their entry into force.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, may 8, 2013.
ALBERT by the King: the Minister of Justice, Ms. A. TURTELBOOM. the Secretary of State to asylum and Migration, Social Integration and the fight against poverty Ms. M. BLOCK sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Documents of the

House of representatives Doc 53 2556 /(2012/2013) 001: Bill.
002: Amendments.
003: Report.
004: Text adopted by the commission.
005: Text adopted in plenary meeting and transmitted to the Senate.
See also: full report: February 28, 2013.
Records of the Senate 5-2000-2012/2013 No. 1: draft transmitted by the House of representatives.
No. 2: report.
No. 3: Texts adopted in plenary meeting and submitted to Royal assent.
Annals of the Senate: April 25, 2013.