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Act Amending The Act Of 15 December 1980 On Access To The Territory, Residence, The Establishment And The Expulsion Of Foreigners, The Law Of 12 January 2007 On The Reception Of Applicants For Asylum And Certain Other Categories Of Aliens And The Law O...

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, la loi du 12 janvier 2007 sur l'accueil des demandeurs d'asile et de certaines autres catégories d'étrangers et la loi du 8 juil

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belgiquelex.be - Carrefour Bank of Legislation

8 MAI 2013. - An Act to amend the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens, the Act of 12 January 2007 on the reception of asylum seekers and certain other categories of foreign nationals and the Act of 8 July 1976 of the public social action centres (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provisions
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. This Act partially transposes:
- Council Directive 2005/85/EC of 1er December 2005 relating to minimum standards for granting and withdrawing refugee status in Member States;
- Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for conditions to be met by third-country nationals or stateless persons in order to be able to benefit from international protection, uniform status for refugees or persons eligible for subsidiary protection, and the content of such protection (reflect);
- Council Directive 2003/9/EC of 27 January 2003 on minimum standards for the reception of asylum seekers in Member States.
CHAPTER 2. - Amendments to the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens
Art. 3. In section 48/3 of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens, inserted by the Act of 15 September 2006, the following amendments are made:
1° § 3 is replaced by the following:
“§3. There must be a link between the grounds for persecution and acts of persecution or the lack of protection against such acts. »;
2° § 4, d), is supplemented by a third dash written as follows:
" - this group, depending on the circumstances prevailing in the country of origin, has sexual orientation as a common feature. Sexual orientation does not cover the facts considered criminal under Belgian law. Due consideration should be given to gender-related aspects, including gender identity, for the purposes of recognition of belonging to a certain social group or identification of a characteristic of such a group; "
Art. 4. In section 48/5 of the Act, inserted by the Act of 15 September 2006, the following amendments are made:
1° in § 2, paragraph 1er is replaced by the following:
“Protection within the meaning of articles 48/3 and 48/4 can only be offered by:
(a) the State, or
(b) parties or organizations, including international organizations, which control the State or an important part of its territory,
as long as they are willing and able to offer protection, in accordance with paragraph 2. »;
2° in § 2, paragraph 2, the words ", must be effective and not temporary and" are inserted between the words "and 48/4" and the word "is";
3° in § 2, paragraph 3, the words "of the European regulation taken" are replaced by the words "of the acts of the European Union taken";
§ 3 is replaced by the following:
Ҥ3. International protection should not be granted if, in part of the country of origin, the claimant:
(a) has no grounded fear of persecution or is not actually at risk of serious harm, or
(b) has access to protection from persecution or serious violations within the meaning of § 2;
and may travel safely and legally to that part of the country, and obtain authorization to enter it, and may reasonably be expected to establish it.
When examined whether an applicant has a grounded fear of persecution or is actually at risk of serious harm, or if the applicant has access to protection from persecution or serious harm in part of the country of origin in accordance with paragraph 1er, it is taken into account the general conditions in this part of the country and the personal situation of the claimant. »;
5° the article is supplemented by a § 4 written as follows:
Ҥ4. There is no need to grant international protection where the claimant already enjoys real protection in a first country of asylum, unless it submits evidence that it can no longer avail itself of the actual protection granted to it in the first country of asylum or that it is no longer authorized to enter the territory of that country.
Provided that access to the territory of that country is again authorized to it, a country may be considered to be a first country of asylum if the claimant is recognized as a refugee in that country and may still benefit from that protection, or if it has another real protection in that country, including the principle of non-refoulement. "
Art. 5. In the same Act, an article 48/6 is inserted as follows:
"Art. 48/6. The claimant must submit as quickly as possible all necessary elements to support the claim.
When the claimant does not seek certain aspects of his statements by documentary or other evidence, it will be deemed credible and the benefit of the doubt will be granted if the following cumulative conditions are met:
(a) the claimant has actually sought to deter its application;
(b) all relevant elements in possession of the claimant were presented and satisfactory explanation was provided as to the absence of other evidence;
(c) the claimant ' s statements are considered consistent and plausible and are not contradicted by the general and specific information known and relevant to his application;
(d) the claimant has submitted its application for international protection as soon as possible, or has been able to make good reasons for not doing so;
(e) the general credibility of the claimant could be established. "
Art. 6. In the same Act, an article 48/7 is inserted as follows:
"Art. 48/7. The fact that an asylum seeker has already been persecuted in the past or has already suffered serious breaches or has already been the subject of direct threats of such persecution or such breaches is a serious indication of the plaintiff's fear of persecution or the real risk of serious breaches, unless there are good reasons to believe that such persecution or serious breaches will not happen again. "
Art. 7. In Article 49/2, § 2, of the same law, inserted by the law of 15 September 2006, the word "renewable" is replaced by the words "in case of extension, valid for two years".
Art. 8. In section 51/2 of the Act, inserted by the Act of 18 July 1991 and last amended by the Act of 15 September 2006, the following amendments are made:
1° paragraph 5 is supplemented by the words "or any other means of notification authorized by Royal Decree";
2° in paragraph 6, the words "or any other means of notification authorized by Royal Decree" are inserted between the words "by fax" and the words "without prejudice to a notification to the person".
Art. 9. In section 51/8 of the Act, inserted by the Act of 6 May 1993, differently numbered by the Act of 15 July 1996 and amended by the Acts of 15 September 2006 and 22 December 2008, paragraphs 1er and 2 are replaced by the following:
"If the foreigner makes a subsequent asylum application to one of the authorities designated by the King pursuant to section 50, paragraph 1er, the Minister or his or her delegate shall record the statements of the claimant regarding the new elements that significantly increase the likelihood that he or she may claim recognition as a refugee within the meaning of section 48/3 or subsidiary protection within the meaning of section 48/4, as well as the reasons why the claimant has not been able to produce these elements before.
This declaration is signed by the claimant. If he refuses to sign, reference is made to the declaration, and if so, mention is also made of the reasons why he refuses to sign. This statement is transmitted without delay to the Commissioner-General for Refugees and Stateless Persons. "
Art. 10. In section 51/10 of the Act, inserted by the Act of September 15, 2006, the following amendments are made:
1° in paragraph 1er, the words "report a questionnaire abroad in which it is invited to explain the reasons" are replaced by the words "its answers to a questionnaire concerning the reasons";
2° in paragraph 2, first sentence, the word "shall" is replaced by the words "and the questionnaire must";
3° in paragraph 2, second sentence, the words "or on the questionnaire" are inserted between the words "on the declaration" and the words "and, if any";
4° in paragraph 2, third sentence, the words "This statement is" are replaced by the words "This statement and questionnaire are".
Art. 11. In section 52/3 of the Act, inserted by the Act of 15 September 2006 and amended by the Act of 19 January 2012, the following amendments are made:
1° § 1er is replaced by the following:
“§1. Where the Commissioner-General for Refugees and Stateless Persons does not take into consideration the application for asylum or refuses to recognize refugee status or grant subsidiary protection status abroad and that he or she stays irregularly in the Kingdom, the Minister or his or her delegate shall issue without delay an order to leave the territory motivated by one of the grounds provided for in Article 7, paragraph 1er1° to 12°. This decision is notified to the interested party in accordance with Article 51/2.
When the Council of the Litigation of Foreigners rejects the foreign appeal against a decision taken by the Commissioner-General for Refugees and Stateless Persons pursuant to Article 39/2, § 1er, 1°, and that the foreigner stays irregularly in the Kingdom, the Minister or his delegate decides without delay to extend the order to leave the territory provided for in paragraph 1er. This decision shall be notified promptly to the interested party in accordance with Article 51/2.
The deadline for this extension is ten days, and can be extended twice provided that the foreigner cooperates sufficiently on the return journey referred to in Article 6/1, § 3, of the Act of January 12, 2007 on the reception of asylum seekers and certain other categories of foreigners. The provisions in this paragraph do not affect other extensions of order, as provided for in the law. »
2° in § 2, the first sentence is replaced by the following:
"In the cases referred to in Article 74/6, § 1erbis, the Minister or his or her delegate shall immediately issue an order to leave the territory on the basis of one of the reasons provided for in section 7, paragraph 1er1° to 12°. »
Art. 12. Section 55/3 of the Act, inserted by the Act of 15 September 2006, is supplemented by a paragraph written as follows:
"Paragraph 1er does not apply to a refugee who may invoke compelling reasons for prior persecution to refuse the protection of the country of which he or she is a national, or, in the case of a stateless person, of the country where he or she was habitually resident. "
Art. 13. Section 55/5 of the Act, inserted by the Act of 15 September 2006, is supplemented by a paragraph written as follows:
"Paragraph 1er does not apply to a person who is entitled to subsidiary protection who may invoke compelling reasons for prior serious breaches to refuse the protection of the country of which he or she is a national, or, in the case of a stateless person, of the country where he or she was habitually resident. »
Art. 14. In the same Act, an article 57/6/2 is inserted as follows:
"Art. 57/6/2. Upon receipt of the request for asylum transmitted by the Minister or his delegate on the basis of Article 51/8, the Commissioner-General for Refugees and Stateless Persons shall consider, as a matter of priority, whether new elements appear or are presented by the applicant, which significantly increase the likelihood that he may claim recognition as a refugee within the meaning of Article 48/3 or for subsidiary protection within the meaning of Article 48/4. In the absence of these elements, the Commissioner-General for Refugees and Stateless Persons does not consider the application for asylum. In the opposite case, or if the foreigner has previously been the subject of a decision of refusal made pursuant to articles 52, § 2, 3°, 4° and 5°, § 3, 3° and § 4, 3°, or 57/10, the Commissioner General for Refugees and stateless persons takes a decision to take into account the asylum application.
The decision referred to in paragraph 1er must be taken within eight working days, either on a daily basis, except on a Saturday, a Sunday or a legal holiday, after the Minister or his delegate transmitted the asylum application.
If the alien is in a specified place as referred to in articles 74/8, § 1erand 74/9, § 2 and 3, or is the subject of a security measure as referred to in Article 68, the decision referred to in paragraph 1er must be taken within two business days, or every day except on a Saturday, a Sunday or a legal holiday, after the Minister or his delegate has transmitted the asylum application. "
Art. 15. In the same law, an article 57/6/3 is inserted as follows:
"Art. 57/6/3. The Commissioner-General for Refugees and Stateless Persons shall not take into consideration the request for recognition of refugee status within the meaning of Article 48/3 or for obtaining subsidiary protection status within the meaning of Article 48/4, where another State of the European Union has recognized the refugee status of the claimant, unless it provides evidence that it may no longer use the protection that has already been granted to it.
The decision referred to in paragraph 1er must be taken within fifteen working days, or every day, except on a Saturday, a Sunday or a legal holiday. "
Art. 16. Section 57/7bis of the Act, inserted by the Act of 28 April 2010, is repealed.
Art. 17. Section 57/7ter of the Act, inserted by the Act of 28 April 2010, is repealed.
Art. 18. In section 57/8 of the Act, inserted by the Act of 14 July 1987 and amended by the Acts of 6 May 1993, 15 July 1996 and 15 September 2006, the following amendments are made:
1st paragraph 1er is supplemented by the words "or any other means of notification authorized by Royal Decree";
2° paragraph 2 is supplemented by the words "or any other means of notification authorized by Royal Decree".
Art. 19. In Article 57/9, paragraph 1er, of the same law, inserted by the law of 14 July 1987 and amended by the laws of 30 December 2009 and 19 January 2012, the words "to articles 57/6, 1° to 7° and 57/6/1" are replaced by the words "to articles 57/6, 1° to 7°, 57/6/1, 57/6/2 and 57/6/3".
Art. 20. In article 74/5, paragraph 3, paragraph 5, of the same law, inserted by the law of 15 September 2006, the last sentence beginning with the words "When a period of examination" and ending with the words "up to one month" is replaced by the following:
"If, in accordance with Article 39/76, § 1er A time limit is granted to the Commissioner-General for Refugees and Stateless Persons or to the requesting or intervening party to review the new elements brought by one of the parties or to communicate their remarks, the duration of the stay is also suspended ex officio during that period. »
Art. 21. In section 74/6 of the Act, inserted by the Act of 6 May 1993 and amended by the Acts of 15 July 1996, 29 April 1999 and 15 September 2006, the following amendments are made:
1° in § 1erbis, 15° is replaced by the following:
"15° the foreigner refuses to file the declaration or to respond to the questionnaire referred to in section 51/10, paragraph 1er.
2° in § 2, paragraph 5, the last sentence beginning with the words "When a period of examination" and ending with the words "up to one month" is replaced as follows:
"If, in accordance with Article 39/76, § 1era period of time shall be granted to the Commissioner-General for Refugees and Stateless Persons or to the requesting or intervening party in order to examine the new elements brought by one of the parties or in order to communicate their remarks, the duration of the stay shall also be suspended ex officio during these periods. "
CHAPTER 3. - Amendments to the Act of 12 January 2007
on the reception of asylum seekers and some other categories of foreigners
Art. 22. In section 4 of the Act of 12 January 2007 on the reception of asylum seekers and certain other categories of foreigners, as amended by the Acts of 30 December 2009 and 19 January 2012, paragraph 1er is replaced by the following:
"The Agency may decide, by means of a reasoned individual decision, that the claimant who makes a second application for asylum cannot invoke Article 6, § 1erof this law during the examination of the application, unless the Office of the Commissioner-General for Refugees and Stateless Persons has taken a decision to take into account pursuant to section 57/6/2 or a decision under section 57/6, 1°, of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens. This principle may apply to each new asylum application. "
Art. 23. Article 6, § 1er, paragraph 2, of the same law, inserted by the law of 19 January 2012, is supplemented by the following sentence:
"The introduction of a cassation appeal to the Council of State does not engender a right to material assistance. When examining the appeal for cassation, a right to material assistance is guaranteed only if the appeal for cassation is declared admissible under Article 20, § 2, of the laws of the Council of State coordinated on 12 January 1973. "
Art. 24. In Article 7, § 2, last paragraph, of the same law, replaced by the law of 30 December 2009 and amended by the law of 19 January 2012, the word "Article 51/8" is replaced by the word "Article 57/6/2".
CHAPTER 4. - Amendment of the organic law of 8 July 1976 of public social action centres
Art. 25. Section 57ter/1 of the Organic Law of 8 July 1976 of the Public Social Action Centres, repealed by the Law of 12 January 2007, is reinstated in the following wording:
"Art. 57ter/1. In order to ensure a harmonious distribution of places of reception between municipalities, the P.C.A.S. is required to create local hospitality initiatives referred to in section 64 of the Act of 12 January 2007 on the reception of asylum seekers and certain other categories of foreigners. The King, by deliberate decree in the Council of Ministers, defines the criteria of this distribution taking into account the specific situation of each commune. This distribution plan takes effect from a date fixed by the King, by order deliberately in Council of Ministers. Failing to create local welcome initiatives, the P.C.A.S. may be applied a financial penalty whose terms and conditions and allocation are fixed by the King, by order deliberately in the Council of Ministers. "
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 8 May 2013.
ALBERT
By the King:
The Minister of Justice,
Ms. A. TURTELBOOM
The Secretary of State for Asylum and Migration, Social Integration and Poverty Reduction
Ms. M. DE BLOCK
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Documents of the House of Representatives
Doc 53 2555/(2012/2013)
001: Bill.
002 and 003: Amendments.
004: Report.
005: Text adopted by the commission.
006: Text adopted in plenary and transmitted to the Senate.
See also: Full transcript: February 28, 2013.
Documents of the Senate
5-1999 - 2012/2013
Number 1: Project referred to by the Senate.
No. 2: Amendments.
Number three: Report.
No. 4: Decision not to amend.
Annales du Senate: April 25, 2013.