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

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013000536&caller=list&article_lang=F&row_id=1100&numero=1153&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: 2013000536 Interior FEDERAL PUBLIC SERVICE 8 may 2013. -An Act amending the Act of 15 December 1980 on access to the territory, residence, establishment and 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 of July 8, 1976, organic of the centres for social action (1) ALBERT II, King of the Belgians, has all, present and future Hello.
The Chambers have adopted and we endorse the following: Chapter 1. -Provisions General Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S. 2. this Act partially transposes:-Directive 2005/85/EC of the Council of 1 December 2005 on minimum standards on procedures for granting and withdrawal of the status of refugee in the States members;
-2011/95/EU Directive of the European Parliament and of the Council of 13 December 2011 on standards relating to the conditions as 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);
-Directive 2003/9/EC of the Council of 27 January 2003 on minimum standards for the reception of applicants for asylum in Member States.
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 48/3 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, the following changes are made: 1 ° § 3 is replaced by the following: "§ § 3 3» There must be a link between the grounds of persecution and acts of persecution or lack of protection against such acts. »;
2 ° § 4, d), is complemented by a third indent as follows: '-this group, depending on the circumstances prevailing in the country of origin, has sexual orientation as a characteristic. '' Sexual orientation is not considered as criminal acts according to Belgian law. Should be taken duly into account aspects related to gender, including gender identity, for the purposes of the recognition of membership in a particular social group or the identification of a characteristic of such a group; ».
S. 4. in article 48/5 of the same Act, inserted by the law of 15 September 2006, the following changes are made: 1 ° in § 2, paragraph 1 is replaced by the following: "(protection within the meaning of articles 48/3 and 48/4 cannot be offered only by: (a) the State, b) parties or organisations, including international organisations. controlling the State or a substantial part of its territory, provided that they are willing and able to provide protection, in accordance with paragraph 2. »;
2 ° in § 2, paragraph 2, the words ', should be effective and not temporary and ' shall be inserted between the words "and 48/4," and the word "is".
3 ° in the § 2, paragraph 3, the words 'of the European regulations adopted"shall be replaced by the words"acts of the European Union taken";
4 ° § 3 is replaced by the following: "§ § 3 3» It has not be granted international protection if in a part of the country of origin, asylum: a) has no well-founded fear of persecution or no real risk of suffering serious harm, or b) has access to protection against persecution or serious harm within the meaning of § 2;
and it can travel safely and legality to that part of the country, and permission to enter and reasonably expect that it be established there.
When it is examined whether a claimant has a well-founded fear of persecution or risk really serious harm, or whether it has access to protection against persecution or serious harm in a part of the country of origin in accordance with paragraph 1, account shall be taken of the General conditions in this part of the country and the personal situation of the asylum seeker. »;
5 ° article is supplemented by a § 4 worded as follows: ' ' § § 4 4 There are no grounds for granting international protection when the asylum seeker already enjoys effective protection in a first country of asylum, unless it submit elements which shows that it can no longer rely on the effective protection that was granted in the first country of asylum or that it is no longer allowed to enter the territory of that country.
Provided that access to the territory of this country allowed him again, a country may be considered as a first country of asylum if the asylum seeker is recognized as a refugee in this country and he is still to receive this protection, or if it boasts other effective protection in this country, including the principle of non-refoulement. ».
S. 5. in the same Act, it is inserted an article 48/6 worded as follows: «art.» 48/6. The asylum seeker must submit as soon as possible all the elements necessary to support its claim.
When the asylum seeker does not support certain aspects of his statements by documentary evidence or other, it will be considered credible and the benefit of the doubt will be granted if the following cumulative conditions are met: a) asylum-seeker actually endeavoured to support its claim.
(b) all relevant elements in the possession of the claimant were presented and a satisfactory explanation has been provided as to the absence of other evidence;
(c) statements by the claimant are found to be coherent and plausible and they are not contradicted by the specific and general information relevant to its application.
(d) the claimant has applied for international as soon as possible protection, or could move forward good reasons for not having done;
(e) the general credibility of the asylum-seeker could be established. ».
S.
6. in the same Act inserted an article 48/7 read as follows: «art.» 48/7. The fact that an asylum seeker has been persecuted in the past or has already suffered serious harm or has already been the subject of such persecution direct threats or attacks is a serious indication of the well-founded fear of the claimant being persecuted or a real risk of suffering serious harm, unless there are good reasons to believe that such persecution or such serious violations do not recur. ».
S. 7. in article 49/2, § 2, of the Act, inserted by the law of 15 September 2006, the 'renewable' word is replaced by the words "in case of extension, valid for two years".
S. 8. in article 51/2 of the same Act, inserted by the Act of 18 July 1991 and as last amended by the Act of September 15, 2006, the following changes are made: 1 ° paragraph 5 is supplemented by the words "or by any other means of notification permitted by royal decree";
2 ° in paragraph 6, the words "or by any other means of notification permitted by royal decree" shall be inserted between the words 'fax' and the words 'without prejudice to notification to the person ".
S. 9. in article 51/8 of the same Act, inserted by the Act of 6 May 1993, differently numbered by the Act of 15 July 1996 and amended by laws of September 15, 2006 and December 22, 2008, paragraphs 1 and 2 are replaced by the following: "If abroad introduced a subsequent application for asylum with one of the authorities designated by the King in implementation of article 50. , 1st paragraph, the Minister or his delegate recorded the statements of the claimant concerning the new elements that significantly increase the likelihood that it can lay claim to recognition as a refugee within the meaning of article 48/3 or subsidiary protection within the meaning of article 48/4, as well as the reasons for which the asylum seeker could not produce these elements previously.
This declaration is signed by the claimant.
If he refuses to sign, there is mention on the declaration, and, if necessary, there is also mention of the reasons for which it refuses to sign. This statement is transmitted without delay to the Commissioner-general for refugees and stateless persons. ».
S. 10. in article 51/10 of the same Act, inserted by the law of 15 September 2006, the following changes are made: 1 ° in the paragraph 1, the words «abroad presents a questionnaire in which he is invited to explain the motives» are replaced by the words "its responses to a questionnaire regarding the reasons";
2 ° in paragraph 2, first sentence, the word "needs" 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, where appropriate ";
4 ° in paragraph 2, third sentence, "this statement is" shall be replaced by the words 'this statement and this questionnaire are '.
S. 11. in article 52/3 of the same Act, inserted by the law of 15 September 2006 and amended by the Act of January 19, 2012, the following changes are made: 1 ° the § 1 is replaced by the following: § 1. When the Commissioner-general for refugees and stateless persons does not take into consideration the asylum application or refuses to recognize refugee or protection status

subsidiary abroad and that staying irregularly in the Kingdom, the Minister or his delegate shall issue without delay an order to leave the territory motivated by one of the grounds provided for in article 7, paragraph 1, 1 ° to 12 °. This decision is notified to the person concerned in accordance with article 51/2.
When the Council of litigation of foreigners dismisses the action from abroad against a decision by the Commissioner general for refugees and stateless persons pursuant to article 39/2, § 1, 1 °, and that abroad staying illegally in the Kingdom, the Minister or his delegate decides without delay to extend the order to leave the territory referred to in paragraph 1. This decision shall be notified without delay to the party concerned in accordance with article 51/2.
This extension period is ten days, and can be extended twice provided that foreign works enough to return referred to in article 6/1, § 3, of the law of 12 January 2007 on the reception of applicants for asylum and certain other categories of aliens. The provisions in this paragraph are without prejudice to other possibilities of extension of the order such 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, § 1bis, the Minister or his delegate shall immediately issue an order to leave the territory motivated by one of the grounds provided for in article 7, during the introduction of the asylum application paragraph 1, 1 ° to 12 °.» » Art. 12. article 55/3 of the same Act, inserted by the law of 15 September 2006, is supplemented by a paragraph worded as follows: ' 1 paragraph do not apply to a refugee who may invoke compelling reasons arising out of previous persecution for refusing the protection of the country of nationality or, in the case of a stateless person, the country where he had his habitual residence. "
S. 13. article 55/5 of the same Act, inserted by the law of 15 September 2006, is supplemented by a paragraph worded as follows: "paragraph 1 does not apply to a person enjoying subsidiary protection which may invoke compelling reasons relating to previous serious injury to deny the protection of the country of nationality, or. , in the case of a stateless person, the country where he had his habitual residence. » Art.
14. in the same Act, it is inserted an article 2A-6-57 as follows: «art.» 6-57-2. After receipt of the application for asylum transmitted by the Minister or his delegate on the basis of article 51/8, the Commissioner-general for refugees and stateless persons examines priority if new elements appear, or are presented by the applicant which significantly increase the likelihood that it can lay claim to recognition as a refugee within the meaning of article 48/3 or 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 take into consideration the asylum application. Otherwise, or if the alien has previously been the subject of a negative decision taken in application of articles 52, § 2, 3 °, 4 ° and 5 °, § 3, 3 ° and § 4, 3 °, or 57/10, the Commissioner-general to the refugees and stateless persons makes a decision to take into consideration the application for asylum.
The decision referred to in paragraph 1 must be taken within a period of eight working days, all days, except a Saturday, a Sunday or a legal holiday, after that the Minister or his delegate has submitted the application for asylum.
If the alien is in a place determined as referred to in articles 74/8, § 1, and 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 1 must be taken within two business days, or every day except a Saturday, a Sunday or a legal holiday After that the Minister or his delegate has submitted the application for asylum. ».
S. 15. in the Act, it is inserted a section 3-6-57 as follows: «art.» 6-57-3. The Commissioner-general for refugees and stateless persons does not consider the application for recognition of refugee status within the meaning of article 48/3 or obtaining the status of subsidiary protection within the meaning of article 48/4, when another State of the European Union acknowledged the asylum seeker refugee status, unless it brings elements which shows that he can no longer resort to the protection which it has already been granted.
The decision referred to in paragraph 1 must be taken within a period of fifteen days, or every day except a Saturday, a Sunday or a legal holiday. ».
S. 16. article 57/7bis of the Act, inserted by the law of April 28, 2010, is repealed.
S. 17. article 57/7B of the Act, inserted by the law of April 28, 2010, is repealed.
S. 18. in article 57/8 of the same Act, inserted by the law of July 14, 1987 and amended by the law of 6 May 1993, 15 July 1996 and 15 September 2006, the following changes are made: 1 ° 1st paragraph is supplemented by the words "or by any other means of notification permitted by royal decree";
2 ° paragraph 2 is supplemented by the words "or by any other means of notification permitted by royal decree.
S. 19. in article 57/9, paragraph 1, of the Act, inserted by the law of July 14, 1987 and amended by laws of December 30, 2009 and January 19, 2012, 'articles 57/6, 1 ° to 7 ° and 57/6/1' shall be replaced by the words 'in articles 57/6, 1 ° to 7 °, 57/6/1 '. 2-6-57 and 57/6/3.
S. 20. in article 74/5, § 3, paragraph 5, of the Act, inserted by the law of 15 September 2006, the last sentence starting with the words "when a review period" and ending with the words "one month to the maximum" is replaced by the following: "If, in accordance with article 39/76, § 1 the Commissioner-general for refugees and stateless persons or the applicant or intervener is given a time limit to consider new evidence from one of. parties or to communicate his remarks, the hold time is also suspended during this period. » Art. 21. in article 74/6 of the same Act, inserted by the Act of 6 May 1993 and amended by laws of 15 July 1996, 29 April 1999 and 15 September 2006, the following changes are made: 1 ° in the § 1bis, 15 ° is replaced by the following: "15 ° abroad refuses to file a statement or to respond to the questionnaire referred to in article 51/10. paragraph 1. »;
2 ° in § 2, paragraph 5, the last sentence starting with the words "when a review period" and ending with the words "one month to the maximum" is replaced as follows: "If, in accordance with article 39/76, § 1, a period is granted to the Commissioner-general for refugees and stateless persons or the applicant or intervener to examine new elements provided by a party or in order to communicate his remarks. the hold time is also suspended during these times. ».
CHAPTER 3. -Amendments to the law of 12 January 2007 on the reception of applicants for asylum and certain other categories of aliens art. 22. in section 4 of the Act of 12 January 2007 on the reception of applicants for asylum and certain other categories of aliens, as amended by laws of December 30, 2009 and January 19, 2012, 1 paragraph is replaced by the following: "the Agency may decide, by means of a motivated individual decision, that the asylum seeker who introduced a second asylum application cannot invoke article 6 , § 1, of this law during its consideration of the application, except if the general Commissariat for refugees and stateless persons took a decision to consider in application of article 2-6-57 or a decision in application of article 57/6, 1 °, of the law of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners. This principle can be applied to each new application for asylum. ».
S. 23. article 6, § 1, paragraph 2, of the Act, inserted by the Act of January 19, 2012, is supplemented by the following sentence: "the introduction of an appeal in cassation to the Council of State, creates no right to material assistance.
During the examination of the appeal to the Supreme Court a right to material assistance is guaranteed only if the appeal in cassation is declared admissible in application of article 20, § 2, laws on the Council of State, coordinated on 12 January 1973. ».
S. 24. in article 7, paragraph 2, last subparagraph, of the Act, replaced by the law of December 30, 2009, and amended by the Act of January 19, 2012, the word 'article 51/8' is replaced by the word 'article 57/6/2.
CHAPTER 4. -Modification of the Act of 8 July 1976 of the public centres for social action art. 25. article 57ter/1 of the Organic Act of 8 July 1976 of the public centres for social action, repealed by the law of January 12, 2007, was re-established in the following wording: «art.» 57ter/1. To ensure a harmonious distribution home places between the Commons, the CPAs is required to create local home initiatives referred to in article 64 of the law of 12 January 2007 on the reception of applicants for asylum and certain other categories of aliens. The King, by Decree deliberated in the Council of Ministers, sets this distribution criteria taking into account the specific situation of each commune.
This distribution plan shall take effect from a date fixed by the King, by Decree deliberated in the Council of Ministers. Failing to create local initiatives of home, the CPAs can be

a financial penalty which modalities and the assignment are laid down by the King, by Decree deliberated in the Council of Ministers. ».
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) records 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 meeting and transmitted to the Senate.
See also: full report: February 28, 2013.
Records of the Senate 5-1999-2012/2013 N ° 1: project referred by the Senate.
No. 2: amendments.
No. 3: report.
No. 4: Decision not to amend.
Annals of the Senate: April 25, 2013.