Posted the: 2012-02-17 Numac: 2012000102 FEDERAL PUBLIC SERVICE for social INTEGRATION, fight against poverty and social economy programming January 19, 2012. -Act to amend legislation concerning the reception of applicants for asylum (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. -Provisions General Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
2. this Act partially transposes Directive 2003/9/EC of the Council of the European Union of 27 January 2003 concerning minimum standards for the reception of asylum seekers in Member States, Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States and the Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 concerning norms and applicable common procedures in Member States for the return of illegally staying third country nationals.
CHAPTER 2. -Amendments to the law of 12 January 2007 on the reception of applicants for asylum and certain other categories of aliens art. 3. section 2 of the Act of 12 January 2007 on the reception of applicants for asylum and certain other categories of aliens, the following changes are made: was) 7 is replaced by the following: ' 7 ° the Minister: the Minister who has asylum and migration in his or her attributions, and responsible agency ';
(b) there shall be inserted a 12 ° as follows: "12 ° back: the path of individual support offered by the Agency for the return." The ride is formalized in a document which is signed by the claimant or abroad illegally and by members of his family, and mentions at least the rights and duties of asylum-seeker and a concrete timetable for the return; »;
(c) there shall be inserted a 13 ° as follows: "13 ° voluntary return: the return of a person to his country of origin or to a third country on the territory of which it is admitted or authorized to stay, as a result of an autonomous decision to draw upon a program of assisted return prepared by the authorities of the host country. ''
S. 4. A article 4 of the Act, as amended by the Act of 30 December 2009 the following changes are made: a) 1 paragraph is repealed;
(b) in paragraph 2, which becomes the paragraph 1, the words 'by way of derogation from the previous paragraph, the Agency"shall be replaced by the words 'the Agency '.
(c) in the same paragraph, the word "third" is replaced by the word "second";
(d) after the new paragraph 1, inserted two paragraphs worded as follows: "the Agency may decide that the asylum seeker cannot claim to material assistance referred to in article 6, § 1, when he refuses the place of residence determined by the competent authority, do not use it or abandon it without informing the authority or, if an authorisation is necessary for this purpose. without having obtained.
When asylum seekers referred to in the preceding paragraph is, he may again claim the material aid referred to in article 6, § 1. In this case, the Agency may however decide to take one of the measures provided for in article 45, paragraph 2, 1 ° to 6 °. »;
(e) in the last paragraph, "in the preceding paragraph" are replaced by the words "in this article.
5. in article 5 of the Act, the words "from the application of articles 4, 35/2 and ' shall be inserted between the words"without prejudice"and the word"from ".
S. (6 ÷ article 6, § 1, of the Act, as amended by the law of December 30, 2009, the following changes are made: a) in paragraph 1, the words ', paragraph 2, "are replaced by the words 'and article 35/2 ';
(b) in the same paragraph, all the words following the words "any asylum procedure" are repealed;
(c) paragraph 2 is repealed;
(d) paragraph 3, which becomes paragraph 2 is replaced by the following: "In the event of a negative decision at the end of the asylum procedure, material assistance ends when the period for execution of the order to leave the territory was notified to the applicant for asylum has expired.".
S. 7. in the same Act, it is inserted an article 6/1 as follows: «art.» 6/1. § 1. The asylum seeker always has the possibility to subscribe to a path of individualized return prepared in consultation with the Agency.
Return favours voluntary return.
§ 2. No later than 5 days after a negative decision of the Commissariat general for refugees and stateless persons, the Agency offers first accompaniment to return, in the framework of which the asylum seeker receives information about opportunities that are available to him in relation to the journey back.
§ 3. When an asylum seeker has been notify an order to leave the territory, return must be prepared and executed in the period of performance of this order.
No later than at the time where the asylum seeker has been notify the order to leave the territory, the Aliens Office must be informed and kept informed of the situation and the progress of return path, which is, from this moment, jointly managed by the Agency and the Office for foreigners. The King may determine, by Decree deliberated in the Council of Ministers, the terms of this exchange of information and joint management of the journey.
If the agency or the Office for foreigners considers asylum cooperates enough to return path, his departure being postponed because of her only behavior return management and administrative record y thereof are transferred to the Agency strangers, for a forced return.
÷ this end, the Aliens Office may modify the place of compulsory registration.
4. The agency or the Office for foreigners can modify mandatory instead of registration for the duration of the journey. The King may determine the terms and conditions in this area, by Decree deliberated in the Council of Ministers.
» Art. 8A article 7, § 2, paragraph 1, of the Act, as amended by the law of December 30, 2009, the 5th is repealed.
S. 9. in the Act, it is inserted a section 35/2 as follows: «art.» 35/2. With the exception of medical support referred to in articles 23 and 24, material assistance referred to in article 6, § 1, is not due if the asylum seeker has sufficient financial resources to meet their basic needs. Sufficient resources, means revenues equal to or greater than the amount referred to in article 14, § 1, 3 °, of the law of May 26, 2002, concerning the right to social integration.
The asylum seeker is obliged to inform the Agency in writing of anything on employment status, its revenues and the development of its situation.
By reasoned decision, the Agency puts an end to material assistance, with the exception of the referred medical accompaniment to articles 23 and 24, if an asylum applicant has concealed financial resources and has therefore unduly benefited from this material assistance. If it appears that the asylum seeker had sufficient resources to meet its basic needs at the time where the material assistance has been provided, the asylum seeker must compensate the Agency for material assistance, with the exception of medical support referred to in articles 23 and 24.
By royal decree deliberated in the Council of Ministers, the King fixed the modalities for the implementation of this article.
S. 10. in article 58 of the Act, the words "the Agency is also responsible of" are replaced by the words "without prejudice to the provisions of articles 6 and 6/1, the Agency is responsible of.
CHAPTER 3. -Amendments to the Act of 8 July 1976 organic of the public centres for social action art. 11. article 57ter of the Act of 8 July 1976 of the public social welfare centres, as last amended by the Act of January 12, 2007, is supplemented by a paragraph (3) as follows: "the centre is not required to grant social assistance if abroad is the subject of a decision taken in accordance with article 4 of the Act of 12 January 2007 on the reception of applicants for asylum and certain other categories of foreigners."
S. 12. in the same Act, it is inserted a new article 57quinquies as follows: «art.» 57quinquies. by way of derogation from the provisions of this Act, the centre is not required to grant social assistance to nationals of Member States of the European Union and members of their family during the first three months of residence or, where appropriate, the longer period provided for in article 40 § 4, paragraph 1, 1 °, of the law of 15 December 1980 on access to the territory the residence, establishment and removal of foreigners, nor before the acquisition of the right of permanent residence, to grant maintenance aid. ».
CHAPTER 4. -Entry into force art.
13. article 3 a), of the present Act comes into force on the date set by the King, and at the latest at the date of publication of the royal decree determining certain ministerial functions of the next federal Government.
S. 14. articles 4 to 8 of this Act come into force on the date fixed by the King, and no later than March 31, 2012.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, January 19, 2012.
ALBERT by the King: Deputy Prime Minister and Minister of the Interior, Ms. J. MILQUET. the Secretary of State to asylum, Immigration and Social Integration, Ms. M. BLOCK sealed with the seal of the State: the Minister of Justice, Mrs.
TURTELBOOM _ Note
(1) session 2010-2011.
House of representatives.
-Law proposition of Mr. Somers et al., 53-813-No. 1. -Amendment, 53-813 - No. 2. -Addendum, 53-813 - No. 3. Amendments, 53-813 - No. 4 to 9. -Opinion of the Council of State, 53-813 - No. 10.
House of representatives.
Documents. -Amendments 53-813 - No. 11. -Report, 53-813 - No. 12; -Text adopted by the commission, 53-813-No. 13. Amendment in plenary, 53-813-No. 14. -Text adopted in plenary meeting and transmitted to the Senate, 53-813 - No. 15.
Compte rendu intégral. -27 October 2011.
Documents. -Project not mentioned by the Senate, 5-1289 - No. 1.