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Act Amending The Act Of 15 December 1980 On Access To The Territory, Residence, Establishment And Removal Of Foreigners And To Amend The Law Of 12 January 2007 On The Reception Of Applicants For Asylum And Certain Other Categories Of Aliens (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 12 janvier 2007 sur l'accueil des demandeurs d'asile et de certaines autres catégories d'étrangers (1)

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belgiquelex.be - Carrefour Bank of Legislation

22 AVRIL 2012. - An Act to amend the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens and to amend the Act of 12 January 2007 on the reception of asylum seekers and certain other categories of foreign nationals (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.
CHAPTER 2. - Amendments to the Act of 15 December 1980
on access to territory, residence, establishment and removal of aliens
Art. 2. In Article 54 of the Act of 15 December 1980 on access to territory, residence, establishment, § 1er, repealed by the Act of 12 January 2007 on the reception of asylum seekers and certain other categories of foreigners, is reinstated in the following wording:
« § 1er. Between the notification of the enforceable decision on the asylum application and until the expiry of the period to leave the territory, the Minister or his or her delegate may designate a return centre to the claimant concerned and to the members of his or her family.
Decisions regarding the determination of the State responsible for the examination of the asylum application are not covered by paragraph 1er.
The King sets out the regime and operating rules applicable to return centres and the amount of the daily allowance.
In the return centre, the foreigner receives material assistance including accommodation, food and clothing in kind, a daily allowance and access to a voluntary return program. The foreigner receives the necessary medical and psycho-social assistance.
The foreigner has effective access to first and second line legal aid, as referred to in articles 508/1 to 508/23 of the Judicial Code. »
Art. 3. In Title III, Chapter V, of the Act, an article 70/1 is inserted as follows:
"Art. 70/1. The Labour Court shall hear disputes relating to the application of Article 54, § 1er. »
CHAPTER 3. - Amendments to the Act of January 12, 2007 on reception
asylum seekers and other categories of foreign nationals
Art. 4. In the Act of 12 January 2007 on the reception of asylum seekers and certain other categories of foreigners, an article 4/1 is inserted as follows:
"Art. 4/1. Any claimant to whom a return centre is designated within the meaning of Article 54, § 1er of the Act of 15 December 1980 on the Access, Residence, Establishment and Displacement of Aliens, as well as members of his family, cease to be beneficiaries of the reception within the meaning of this Act. This quality is lost the day after the decision to appoint a return centre is notified to the claimant concerned. »
Art. 5. In Article 6, § 1erParagraph 1er, of the same law, as amended by the laws of 30 December 2009 and 19 January 2012, the words "of section 4 and section 35/2" are replaced by the words "of articles 4, 4/1 and 35/2".
Art. 6. Article 7 of the law of the same law, replaced by the law of 30 December 2009 and amended by the law of 19 January 2012, is supplemented by a § 4 written as follows:
“§4. The application of this section shall be without prejudice to the application of section 4/1. »
Art. 7. This Act comes into force on 1er July 2012.
The King may fix an effective date prior to that referred to in paragraph 1er.
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 22 April 2012.
ALBERT
By the King:
The Minister of Justice,
Ms. A. TURTELBOOM
The Secretary of State for Asylum, Immigration and Social Integration,
Ms. M. De BLOCK
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Documents of the House of Representatives:
53-1904 -2011/2012:
Number 1: Bill.
No. 2: Amendments.
Number three: Report.
No. 4: Text adopted by the commission.
No. 5: Text adopted in plenary and transmitted to the Senate.
Full report: 21-22 March 2012.
Documents of the Senate:
5-1549 -2011/2012:
No. 1: Project not referred to by the Senate.