Law On The Reception Of Applicants For Asylum And Certain Other Categories Of Aliens (1)

Original Language Title: Loi sur l'accueil des demandeurs d'asile et de certaines autres catégories d'étrangers (1)

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Posted the: 2007-05-07 Numac: 2007002066 FEDERAL PUBLIC SERVICE of social INTEGRATION, fight against poverty and social economy program January 12, 2007. -Law on the reception of applicants for asylum and certain other categories of foreigners (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: book I. -DEFINITIONS, general principles and scope title Ier. -Definitions Article 1.
This Act regulates a matter covered by article 78 of the Constitution.
It partially transposes directive 2003/9/EC of the Council of the European Union of 27 January 2003 on minimum standards for the reception of asylum seekers in Member States.
S. 2. for the purposes of this Act, shall mean: 1 ° the asylum seeker: abroad that introduced an asylum application with the objective recognition of refugee status, either the granting of subsidiary protection status;
2 ° the beneficiary of the home: the asylum seeker, as defined in the 1st so that any foreigner whereby the benefit of this Act is extended by one of its provisions;
3 ° the minor: a person of 18 years of age;
4 ° the minor unaccompanied: a person under eighteen years of age not accompanied at the time of entering the territory of the Kingdom or ceasing to be accompanied by subsequent to it by a person exercising his parental authority or guardianship, under the law applicable in accordance with article 35 of the Act of 16 July 2004 on the Code of international law private , located in one of the following situations:-be, lodges an application for asylum within the meaning of 1 °;
-either, does not meet the conditions of access to the territory and stay determined by the laws on access to the territory, residence, establishment and removal of foreigners.
5 ° the members of the family of the asylum seeker: insofar as the family was already based in the country of origin and if they are present on the territory of the Kingdom due to the application for asylum: i) the spouse of the claimant, or his or her partner not marie (e) with which (which) he has a stable relationship;
(ii) the minor children of the couple of asylum seekers referred to in point i) or asylum seekers, on condition that they are unmarried and dependent, without discrimination according to whether they were born of the marriage, out of wedlock or that they were adopted.
6 ° the material aid: aid granted by the agency or the partner within a home, and structure of accommodation, meals, clothing, medical, social and psychological support and the granting of a per diem. It also includes access to legal aid, access to services such as interpreting and training as well as access to a programme of voluntary return;
7 ° the Minister: the Minister having Social Integration in charge, and which falls within the Agency;
8 ° the Agency: the Federal Agency for the reception of asylum seekers;
9 ° the partner: the legal person of public law or private law charged by the Agency and the costs thereof, provide material assistance to the beneficiary of the home in accordance with the provisions of this Act;
10 ° the structure of home: community or individual structure within which material aid to the recipient of the home, that it can be handled by the agency or partner;
11 ° the Director-general: the Director general of the Agency.
TITLE II. -Principles General s.
3. all asylum seeker has the right to a home to allow him to lead a life consistent with human dignity.
Home, means material assistance granted in accordance with this Act or the social assistance granted by the public centres for social action in accordance with the Act of 8 July 1976 organic of the public centres for social action.
S. 4. decisions of the agency or partner on the granting of material assistance can have regard to the failure by the claimant of its procedural under the asylum procedure obligations, no more they can have an influence on the processing thereof.
S. 5. without prejudice to the book III, title III relating to the sanctions and measures, the benefit of material assistance described in this Act cannot be the subject of a deletion.
TITLE III. -Chapter I: scope. -Material assistance art. 6 § 1. The benefit of material assistance applies to all asylum from the introduction of his asylum application and produces its effects throughout the procedure of asylum including during the appeal brought before the Council of litigation of foreigners 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. The material assistance shall apply also during the appeal to the Supreme administrative Court brought before the Council of State on the basis of article 20, § 2, paragraph 3, laws on the Council of State, coordinated on 12 January 1973.
The benefit of material assistance is maintained during the delays for appeal referred to in the preceding paragraph.
The material assistance shall apply also to the members of the family of the asylum seeker.
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2. The material assistance shall apply also to the persons referred to in article 60 of this Act.
S. 7. the benefit of material assistance is extended when the alien resident in a structure of home is located in one of the following situations: 1 ° the alien whose asylum procedure and the proceedings before the Council of State is closed negatively, and which, medically certified and supported by an application for residence permit, introduced on the basis of article 9ter of the above-mentioned Act of 15 December 1980 cannot respond to orders to leave the territory which has been notified to him;
2 ° the alien whose asylum procedure and the proceedings before the Council of State is closed negatively, and that, for reasons of force majeure, other than medical reasons, confirmed by the competent authorities on asylum and immigration, cannot respond to orders to leave the territory which has been notified to him;
3 ° the alien whose asylum procedure and the proceedings before the Council of State is closed negatively, and who has a member of his family or a person carrying on him parental authority or guardianship under the applicable law in accordance with article 35 of the Act of 16 July 2004 on the Code of private international law, which falls within the scope of application of this Act;
4 ° the alien whose asylum procedure and the proceedings before the Council of State is closed negatively and which has signed a commitment to voluntary return, until his departure, unless this departure was postponed because of her single behavior.
CHAPTER II. -The social assistance granted by the public centres for social action in accordance with the Act of 8 July 1976 organic of the public centres for social action article 8 § 1.
Social assistance is granted by the public social welfare centres when a reception structure designation is terminated pursuant to article 11, § 1, or when the beneficiary of the home was granted a status of temporary protection in application of article 10, 3 ° or 4 °.
§ 2. With the exception of book II, this Act is not applicable for the granting of social assistance to the beneficiary of the home as referred to the § 1.
BOOK II. -PROVISIONS relating to the DETERMINATION of the competent authority to grant the title I home. -Designation of a place of compulsory registration art. 9. the home as referred to in article 3 shall be granted by the structure of home or the public social welfare centre designated as a place of compulsory registration.
S. 10. the agency means a place of compulsory registration for foreigners: 1 ° which are entered in the Kingdom without satisfying the conditions laid down in article 2 of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners and have introduced an asylum application;
2 ° who have introduced an asylum application after the expiry of their residence permit;
3 ° which belong to the categories of persons designated by a royal decree deliberated in the Council of Ministers within the framework of special measures for the temporary protection of persons;
4 ° which are authorised to reside in the Kingdom on the basis of article 57/30, § 1, or article 57/34 of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners.
S.
11 § 1. Asylum seekers referred to in article 10, 1 ° and 2 °, a reception structure is designated as a place of compulsory registration: 1 ° as the Commissioner-general for refugees and stateless persons or one of his deputies have not taken a final decision on their asylum application;
2 ° as long as the Council of litigation of foreigners has not taken a decision on the appeal against the decision of the Commissioner-general for refugees and stateless persons or one of his deputies or, in the absence of use up to the expiry of the period to introduce it.
A new compulsory place of registration may be appointed if the decision referred to in the preceding paragraph, 1 ° and 2 °, is not taken within a time limit fixed by royal decree deliberated in the Council of Ministers, following the evaluation of the procedure for consideration of asylum applications.
By way of derogation from the preceding paragraphs, the designation

referred to the 1st paragraph is however maintained for asylum seekers referred to in article 10, 1 ° and 2 ° who received notification before the expiry of the period referred to in the preceding paragraph from a judgment of the Council of litigation of foreigners against which they appealed to the Supreme administrative court before the Council of State.
§ 2. Aliens referred to in article 10, 3 ° and 4 °, is designated as a place of compulsory registration, a public centre for social action, issuing them social assistance to which they are entitled in accordance with the Act of 8 July 1976 organic of the public centres for social action.
§ 3. When the designation of a place of compulsory registration, the agency ensures that this place is suitable for the beneficiary of the home, within the limits of available seats.
It takes into account: 1 ° when the designation of a place of compulsory registration under the § 1, the degree of occupation of childcare;
2 ° when the designation of a place of compulsory registration under the § 1, 2 ° paragraph and § 2 a harmonious distribution between Commons under criteria laid down by royal decree deliberated in the Council of Ministers.
The assessment of the suitability of this place is particularly based on criteria such as family composition of the beneficiary of the home, his State of health, his knowledge of one of the national languages or the language of the proceedings. In this context, the agency pays special attention to the situation of vulnerable persons referred to in article 36.
In special circumstances, the Agency may waive the provisions of § 1 by designating no compulsory place of registration.
TITLE II.
-Amendment of the place of compulsory registration art. 12 § 1. The asylum seeker whose mandatory registration, designated in accordance with article 11, § 1, is a community reception structure may request, after have lived there for four months, this place is changed for an individual home structure, within the limit of available seats.
Changing the place of compulsory registration can be requested if the period of four months is reached after the notification of the decision of the Council of litigation of foreigners, unless the asylum seeker has lodged an appeal to the Supreme administrative court which was the subject of an order of eligibility, in application of article 20, paragraph 3, the laws on the Council of State, coordinated on 12 January 1973.
§ 2. Pursuant to article 11, § 3, paragraph 3, the Agency may initiative or at the request of the partner or the asylum seeker, change the place of compulsory registration designated pursuant to article 11, § 1.
When this change is contemplated by the Agency for reasons of family unit, the agreement of the asylum seeker is required beforehand.
The King sets the modification referred to in paragraph 1 of the procedure.
§ 3. The place mandatory registration, designated in application of article 11, § 1, can also be changed in execution of an order or a penalty pursuant to section 44 or 45.
TITLE III. -Removal of the place of compulsory registration art. 13. the Agency may remove the place of compulsory registration designated in accordance with the previous articles, in particular circumstances.
The King fixed this deletion procedure.
BOOK III. -PROVISIONS relating to aid material granted to the beneficiaries of the title I home. -Rights and obligations of the beneficiaries of the home, chapter I. -Provisions General Section 1. -Information art. 14. for the designation of the place of compulsory registration, Agency shall issue to the asylum seeker written information booklet, insofar as possible, in a language which he understands and describing such rights and such obligations as described in this Act or in the Act of 8 July 1976 organic of the public centres for social action, as well as the contact details of the competent bodies and associations that can provide them with medical assistance social and legal.
These information are completed upon arrival of the asylum seeker in the structure of home that it is designated by the rules of procedure of the structures referred to in article 19.
S. 15 the agency or partner ensures that the beneficiary of the home has access to services and interpreting social translation in the exercise of his rights and obligations described in this Act.
The agency or partner may conclude agreements with organizations or services specialized in interpreting and social translation.
Section II. -Hosting Article 16. the beneficiary of the home is housed in a reception community or individual structure.
S. 17 the King sets the standards to which childcare must meet both in qualitative terms and in terms of infrastructure as well as the modalities of control by the Agency's compliance with these standards.
S.
18. by way of derogation from articles 20 and 21 as well as to articles 30 to 35, the beneficiary of the home may, when housing capacities normally available are temporarily exhausted, be hosted in an emergency structure. In this case it enjoys a limited social support.
In any event, the stay in such a structure may not exceed ten days and the basic needs of the beneficiary of the home are met. These include any necessary assistance, and especially food, housing, access to health facilities and provide medical support as described in articles 23 to 29.
S. 19. the King determines the scheme and operating rules for childcare. A rules of procedure established by the Minister shall determine the procedures for the exercise. It is ensured the correct and full understanding of it by the recipient of the home.
S. 20 during his stay in a reception structure, the beneficiary of the home has right to respect for his private and family life, to respect his beliefs, to participate in the Organization of the community within the structure of home life, to communicate with his family, his Council, representatives of the Nations High Commissioner United for the refugees and associations relating to the reception of foreigners and the defence of their rights.
Material assistance is organized in compliance with the principle of neutrality towards the philosophical and religious convictions of the beneficiaries of the home within the home structure.
S. 21. the legal advisers of the beneficiaries of home, representatives of the UN High Commissioner for refugees and NGOs who act in his name have access to community facilities, to assist the beneficiaries of the home.
The King may impose limits on such access only for the purpose of security of community structures of home and local as well as beneficiaries of the home.
It is expected in the structure of community home, a local to ensure interviews which take place a confidential nature.
Section III. -Assessment s.
22 § 1. In the thirty days following the designation of compulsory place of registration, the individual situation of the beneficiary of the home is examined to determine if the home meets its specific needs. If it appears that this is not the case, it may be a change in the place of compulsory registration.
§ 2. To this end, consideration of the individual situation of the beneficiary of the home including on signs not detectable assumption of a potential vulnerability such as that present in people having been subjected to torture or other serious forms of psychological, physical or sexual violence.
§ 3. The evaluation of the individual situation of the beneficiary of the home continues throughout his stay within the structure of home.
§ 4. The King lays down the procedures of this evaluation.
Section IV. -Support medical, psychological, social and legal aid sub-section 1. -Support medical arts. 23. the beneficiary of the right home to the accompaniment medical necessary to lead a life consistent with human dignity.
S.
24 medical assistance means aid and medical care, that they are included in such nomenclature provided for in article 35 of the law on compulsory health care and compensation insurance co-ordinated on 14 July 1994 or they face everyday.
The King determines, by Decree deliberated in the Council of Ministers, on the one hand, aid and medical care which, although included in the abovementioned nomenclature, are not insured to the beneficiary of the home in what they appear as obviously not necessary, and on the other hand, aid and medical care in everyday life and which although not included in the abovementioned nomenclature are provided to the recipient of the home.
S. 25 § 1. The Agency is competent to ensure medical support referred to in article 23 for the benefit of the beneficiary of the home regardless of the reception structure in which it is allowed, with the exception of one managed by the partner referred to in article 64.
§ 2. To this end, each structure home warrants to the beneficiary of the home effective access to medical assistance.
§ 3. This accompaniment is issued under the responsibility of a doctor who keeps his professional independence to the Director or the person in charge of the said structure.

§ 4. The asylum seeker who does not reside in the home structure that it has been designated as a place of compulsory registration can benefit from medical assistance provided by the Agency.
§ 5. The beneficiary of the home may submit to the Agency an appeal against a decision of the physician of the reception structure concerning the granting of medical support which is not considered as being necessary to lead a life consistent with human dignity, in accordance with article 47.
S. 26. the agency or partner may, under the terms defined by the King, conclude agreements with health care institutions to establish the conditions for reimbursement of medical, pharmaceutical and other expenses, resulting from the beneficiary of the home care.
S. 27. a single medical record is maintained and retained within the structure of Community Home designated as a place of compulsory registration.
In the case of designation of the place of compulsory registration in accordance with article 11, § 2, and amendment to the place of compulsory registration in accordance with article 12, this file is forwarded to the new designated place.
S. 28. If the State of health of the beneficiary of the home warrants and on the advice of the treating physician, the Agency can modify or delete his place mandatory registration, in accordance with articles 12 and 13.
S. 29. the beneficiary of the home may be subject to a compulsory medical examination for public health reasons.
Subsection II. -Accompanying psychological s. 30. the necessary psychological support is provided to the beneficiary of the home.
To this end, the agency or partner may conclude agreements with organisations and institutions specialised in the manner defined by the King.
Sub-section III. -Support Office art. 31 § 1. The beneficiary has the right to social support individualized and permanent home provided by a social worker throughout his stay in the structure of home.
To this end, each home design ensures effective access to a social service to the beneficiary of the home and shall appoint a social worker's reference.
§ 2. Social support is particular to inform the beneficiary of the home on access and the terms of material assistance, on daily life within a structure of home, on the activities to which it has access, on the stages of the asylum procedure, including possible remedies, and the consequences of the acts that he poses in this matter, as well as on the content and the interest of voluntary return programmes. It is also to accompany the beneficiary of the home in the performance of administrative acts, including those carried out in the context of the transition from the material assistance to social aid from the public social welfare centres.
§ 3. Social worker missions include helping the beneficiary of the home to overcome and improve critical situations in which it is located. To this end, the social worker provides documentation, guidance and social guidance to the person concerned, applicable toward external services. The social worker missions also include the assessment of the specific needs of the beneficiary of the home and, where appropriate, the proposal to change the place of compulsory registration.
The King determines the qualifications of the social worker.
S. 32. a social folder, to which the beneficiary of the home has access, is established and maintained by the social worker.
In the case of designation of the place of compulsory registration in accordance with article 11, § 2, and amendment to the place of compulsory registration in accordance with article 12, this file is forwarded to the new designated place.
A copy of the social folder is given to the beneficiary of the home when it asks.
Sub-section IV. -Helps legal art. 33 the agency or partner ensures that the beneficiary of the home has effective access to legal aid of first and second line, as referred to in articles 508/1 to 508/23 of the Judicial Code.
To this end, the agency or partner may conclude agreements with associations relating to the defence of the rights of aliens or legal aid offices.
Section V. -Per diem and community services art.
34. the beneficiary of the home living in a structure of home is entitled to a per diem.
The agency or partner organizes, for childcare, the payment of a daily allowance fixed per week and per person.
The agency or partner also organizes community service by the beneficiaries of the home delivery in community structures, without prejudice to the possibility for the beneficiaries of the home to exercise voluntary act on the rights of the volunteers on 3 July 2005.
Community service means any service performed by the beneficiary of the home in the community structure, for the benefit of the community of the beneficiaries of the resident home in it or carried out in the context of an activity, organized by the above structure or for which it is a partner, which contributes to its integration in its local environment and to an increase in its daily allowance be paid to him.
The provision of community service is not considered to be a contract work or as a benefit of working; the granting of a plus per diem is not considered to be remuneration.
The increase of a daily allowance paid to the beneficiary of the home is calculated on the basis of a fixed rate set by the community reception structure and varying with the type of delivery. This flat rate is previously approved by the Agency. Benefits are carried out on a voluntary basis by the beneficiaries of the home under the supervision of a member of the staff of the structure of community home that has been designated for this purpose by its hierarchy and which will ensure that the beneficiaries of the home have the opportunity to participate on an equitable basis to those benefits. The identity of these staff members is communicated to the Agency.
The King fixed amounts relating to the daily allowance and the maximum monthly amount of their increase on the basis of the community services provided as well as the conditions under which these community services are performed.
Section VI. -Training s. 35. without prejudice to compliance with the rules governing access to vocational training, courses and trainings organized by the reception structure or by third parties are available to the beneficiary of the home.
CHAPTER II. -Specific provisions applicable to vulnerable persons and minors Section 1st. -Provisions general article 36. in order to meet the specific needs of vulnerable such as minors, unaccompanied minors, single parents accompanied by minors, pregnant women, people with disabilities, victims of trafficking in human beings humans, victims of violence or torture or even seniors, the agency or partner shall conclude agreements with institutions or specialised associations.
In the case where the beneficiary of the home is hosted in one of these institutions or associations, the agency or partner will ensure that administrative and social follow-up with the place designated as compulsory place of registration is assured and that the benefit of material assistance is guaranteed.
Section II. -Minors arts. 37. in all decisions concerning children, the best interests of the minor premium.
S. 38. the minor is housed with his parents or the person exercising parental authority or guardianship under the applicable law in accordance with article 35 of the Act of July 16, 2004 with the Code of private international law upon him.
S. 39. minors who are victims of any form of abuse, neglect, of exploitation, of torture, of cruel, inhuman and degrading treatment, or of armed conflict, are entitled to qualified support and access to mental health care and rehabilitation services.
S. 40. an appropriate framework is provided to unaccompanied minors during a phase of observation and orientation at a centre designated for this purpose.
The King determines the scheme and operating rules for observation and orientation centres.
S. 41 § 1.
An observation and orientation centre welcomes the unaccompanied minors who do not have access to the territory pursuant to article 3 or article 52, § 1, of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners in anticipation of the possible execution of the decision to discharge. This Center in this case includes a specific place located at the borders.
§ 2. Abroad which said minor and about which there is no doubt as to its minority is allowed in a centre for observation and orientation upon arrival at the border.
Abroad which said minor and about which the authorities responsible for the border control emit a doubt as to its minority, the age determination must occur within three working days of arrival at the border. When this examination cannot take place due to circumstances unforeseen endeans this period, it may be exceptionally extended for three days.

§ 3. The unaccompanied minor is allowed in a centre for observation and orientation within a period of twenty-four hours following either, arriving at the border with the juvenile referred to in § 2, paragraph 1, i.e., notification of the decision on the determination of the age of the person concerned, with the juvenile referred to in § 2, paragraph 2, and for a maximum of fifteen days that can be extended by five days in duly substantiated exceptional circumstances.
During the period referred to in the preceding paragraph, the minor is not regarded as having been authorized to enter into the Kingdom.
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4. Decision on the determination of the age is guardian and notified the competent authorities on asylum, access to the territory, residence and removal of aliens at the same time as the notification to the person concerned.
§ 5. If the decision to discharge cannot be performed within the period of 15 days referred to in § 3, the unaccompanied minor is allowed to enter the territory.
S. 42. staff responsible childcare of unaccompanied minors receive appropriate training.
TITLE II. -The transition of material assistance to social assistance granted by the public centres for social action article 43. when one of the assumptions referred to in article 8, § 1, is encountered, the social aid is granted by the public centres for social action in accordance with the Organic Act of 8 July 1976 of the public centres for social action.
In the context of the transition from the material assistance to social aid from the public social welfare centres, the King lays down the conditions for the maintenance of the material assistance notwithstanding the situation referred to in the preceding paragraph and the modalities of cooperation between the structure of home and the public social welfare centre to guarantee the continuity of the home to the beneficiary of the home.
TITLE III. -Sanctions and measures chapter I.
-Measures art. 44. in order to ensure and, if necessary, restoring order, security and tranquillity in the home structure, internal measures may be taken.
The fixed King measures that may be taken against a resident, procedural rules as well as the authority empowered to take.
CHAPTER II. -Sanctions art.
45. the beneficiary of the home may be a sanction for breach of the regime and rules of operation applicable to the facilities referred to in article 19. At the choice of the penalty, account shall be taken of the nature and the importance of the breach and the concrete circumstances in which it was committed.
Only the following sanctions may be pronounced: 1 ° the formal warning with reference to the social folder referred to in article 32;
2 ° the temporary exclusion of participation in activities organized by the reception structure;
3 ° the temporary exclusion of the ability to run benefits paid community service such as referred to in article 34;
4 ° the restriction of access to certain services;
5 ° the obligation to perform tasks of general interest, including the non-execution or defective execution can be regarded as a new breach;
6 ° the transfer, without delay, of the beneficiary of the home to another structure of home.
Sanctions are imposed by the Director or person in charge of the home structure.
Penalties can be reduced or lifted during their execution by the authority which has inflicted.
The decision to impose a sanction is taken objectively and impartially and been the subject of a motivation.
In no case the implementation of a sanction cannot have the effect the complete removal of material aid granted under this Act, or the decrease in access to provide medical support.
The King determines the rules of procedure applicable to the treatment of sanctions.
CHAPTER III.
-Complaints and remedies-s. 46. the beneficiary of the home is addressed to the Director or person in charge of the home in the event of complaints about structure: - the conditions of life within the structure of home - the application of the rules of procedure referred to in article 19 of this Act.
If the complaint is not treated within a period of 7 days from the communication of the complaint, the beneficiary of the home may submit his complaint in writing to the Director general of the Agency, or to the person designated for this purpose by the partner and accepted by the Agency. The Director-general of the Agency, or a person designated by the partner responds to the complaint within 30 days.
The King determines the rules of procedure applicable to the handling of complaints.
S. 47 § 1. The beneficiary of the home housed in a reception structure managed by the agency or a partner may submit an application for review against a decision imposing a sanction as referred to in article 45, 4 °, 5 ° or 6 °, as well as against any decision to provide medical support as referred to in article 25, § 5 of this Act.
The appeal against a sanction referred to in article 45, 4 °, 5 ° or 6 ° is introduced with the Director general of the Agency, to the person designated by the partner and approved by the Agency, or to the Council of social assistance when it comes to a structure referred to in section 64 of the Act, by simple mail within a period of five working days of the notification to the beneficiary of the reception of the decision referred to in paragraph 1. The recipient shall immediately transmit a copy of the appeal to the home structure.
The appeal must be lodged in one of the national languages or English.
Any appeal against a decision to provide such medical support as referred to in article 25, § 5 of this Act, is submitted to the Director-general of the agency or with the Council's welfare when it comes of a structure referred to in article 64 of this Act.
Executive Director, the person designated by the partner or the social assistance Council, confirms, cancels or revises the decision within 30 days of the commencement of the application for review.
For the use of medical and introduced accompanying with the Director general of the Agency the prior opinion of a physician is required.
The Director general, the person designated by the partner, or the social assistance Council, may, if it considers it necessary, suspend the contested during the examination of the appeal decision.
The Director general, the person designated by the partner, or the social assistance Council, means, if it considers it necessary, the persons involved in the use.
CEO, the person designated by the partner, or the Council of social assistance, motivates its decision.
If the Director general, the person designated by the partner, or the social assistance Council confirms or revises the contested decision, or in the absence of a decision on the appeal within the prescribed period, the beneficiary of the home may bring an action before the Labour Court of the place of the reception structure. Under penalty of forfeiture this appeal must be lodged within a period of three months from the notification of decision of the Director general, the person designated by the partner, or the social assistance Council, or from the expiry of the prescribed period.
S.
48. the Agency presents to the Minister each year a report on complaints and appeals.
TITLE IV. -S. childcare staff members 49. without prejudice to article 458 of the penal Code, the childcare staff are bound by a duty of confidentiality.
This applies especially to information brought to the attention of a member of the staff of the reception structure by any beneficiary of the reception hosted in her womb and initiatives that a member of the staff of the reception structure began in the context of the tasks entrusted to such structure of home.
S. 50. the childcare staff members are subject to a code of ethics, arrested by the Minister as part of the regulation of labour.
The code of Ethics referred to in paragraph 1 particular guarantees the respect for the principle of non-discrimination, of the correspondence of the beneficiary of the home, its philosophical, religious or political beliefs, of his right to private and family life as well as his right to freedom of expression. It also contains rules relating to the object and the missions of work within the structure of home, to the nature of the relationship between childcare staff members and beneficiary of the home as well as to the respect for the duty of confidentiality.
S. 51. Agency or partner organized a multidisciplinary training cycle and continues to destination of childcare staff members.
Title V. - Integration of community reception structures in the environment local and subsidies at the Commons art. 52. with the exception of the structures referred to in article 64, the community childcare organize initiatives area through grants awarded by the Agency.
Neighborhood initiative, means action aimed at the integration of the community structure in its environment and the creation of a positive perception of the reception of applicants for asylum within the company.
Grants are awarded to community care facilities for the achievement of the following objectives: 1 ° integrate structure of community home in its local environment.
2 °

provide correct information on the functioning of the community reception structure;
3 ° to promote awareness-raising actions relating to the reception of asylum seekers.
The amount of these grants is comprised of an amount fixed to which is added the amount determined on the basis of the calculation of the number of seats home within the structure of community home.
S. 53. the Minister grants an annual subsidy to the municipalities on the territory of which a community reception structure is located.
This allowance is intended to cover the following costs: 1 ° personnel costs directly related to the administrative follow-up of the structure of community home;
2 ° operating expenses directly or indirectly related to the administrative follow-up of the structure of community home; indirect costs being justified by a key;
3 ° the communal initiatives that promote the integration of the community reception in the commune structure.
The Minister determines the beginning of the subsidy due to the Commons for the previous year. The amount of the allowance is fixed at a flat rate per year and effective home place. In order to take account of fluctuations in the number of seats available during this period, for each community home design, home this number is determined the first day of each month.
A temporary decrease due to transformations or arrangements will not be taken into consideration.
TITLE VI. -Programme of voluntary return in the State of origin or in a State third s.
54. the Agency shall ensure that the beneficiary of the home has access to a voluntary return programme in his country of origin or in a third country.
This program, as well as the framework in which it operates are defined by the King. It consists of including modules adapted training as well as support for travel and, where appropriate, an accompaniment to the reintegration in the State of origin or in a third State.
To this end, the Agency may enter into agreements with third parties.
BOOK IV. -Agency Federal for the reception of applicants for asylum title I. -Status, missions and competences art. 55. it is created, under the name "Federal Agency for the reception of asylum seekers", a public body with legal personality, categorized as referred in some public interest organizations control Act of 16 March 1954.
The King determines, by Decree deliberated in the Council of Ministers, the structure, organization and functioning of the Agency. The Agency may, for all its staff needs to accomplish the missions assigned, engage personnel under contract of employment.
S. 56 § 1. The Agency is to provide the Organization, management and control of the quality of the material aid to the beneficiaries of the home.
It can grant subsidies in relation to its missions.
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2. In the context of the tasks set out in the § 1, the Agency shall exercise the following powers: 1 ° the granting of material assistance to the beneficiaries of the home within the community reception structures it manages;
2 ° monitoring the implementation of conventions related to the granting of aid material to the beneficiaries of the home with partners, concluded in accordance with article 64;
3 ° the designation, modification and removal of the place of compulsory registration, in accordance with Book II;
4 ° the organisation of payment of a daily allowance and the provision of community services in accordance with article 34.
S. 57. pursuant to article 43, the Agency works to ensure the continuity of the home during the transition of material aid to the asylum seeker to social aid from the public social welfare centres.
S.
58. the Agency is also responsible for the coordination of voluntary return, both beneficiaries of the home than other foreigners.
S. 59. the Agency is responsible for the granting of material assistance to unaccompanied minors in the context of the observation and orientation phase.
S. 60. the Agency is responsible for the granting of material assistance to minors staying with their parents illegally on the territory and whose need has been established by a public Center of social action, when the parents are not able to assume their duty of care.
This material aid in childcare facilities managed by the Agency.
The King determines the procedure for granting of this material assistance.
S. 61. the Agency is the responsible authority for the European Refugee Fund.
TITLE II. -Partners and the control of the quality of the article home
62. the Agency may entrust partners the mission to grant to beneficiaries of the home of such material assistance as described in this Act. These partners include the Belgium Red Cross, other authorities, Governments and associations.
To this end, the Agency shall conclude agreements.
S. 63. at the beginning of each calendar year, if the agreement referred to in the preceding article is not denounced and subject to other regulations or specific treaty provisions, the Red Cross of Belgium or other authorities, public authorities and associations referred to in the previous article, are entitled to the payment of an advance for at least one quarter of the amount to which they were entitled the previous year. This advance will be paid at the latest on 31 March.
S. 64. community or individual childcare can be organized by the public social welfare centres, to to provide material assistance to the beneficiary of the home. These structures home, designated local reception initiatives, subject to an agreement between the public social welfare centre and the Agency.
The King sets the framework for the creation of a local initiative of reception as well as the terms of grant by the Agency.
S.
65. the Agency is organising regular consultation with partners.
Book V. - final title I provisions. -Provisions transitional art. 66. for asylum seekers who submit their application for asylum before the entry into force of this Act, the provisions of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners and of the Act of 8 July 1976 organic of the public centres for social action in force the day before the entry into force of this Act continue to apply.
By way of derogation from paragraph 1, are however directly applicable upon the entry into force of this Act, to asylum seekers referred to in the preceding paragraph, the provisions of Book III, with the exception of title II, the provisions of book IV and articles 69 and 70 of the Act.
S.
67. one year after the entry into force of this Act, the Government conducts an assessment of the Act and shall report to the legislative chambers.
TITLE II. -Provisions amending art.
68. at article 57, § 2, 2 °, paragraph 6, of the Act of 8 July 1976 organic of the public centres for social action, the words "one month" shall be replaced by "that which is laid down in article 7, 4 °, of the law of the X on the reception of applicants for asylum and certain other categories of aliens.
S.
69. article 57ter, paragraphs 1 and 2, of the Act of 8 July 1976 organic of the public centres for social action is amended as follows: ' welfare is not caused by the centre when abroad directed to register in a place determined in accordance with article 11, § 1, of the law of X on the reception of applicants for asylum and certain other categories of aliens receives material assistance within a home structure to provide the assistance necessary to carry out. a life consistent with human dignity.
By way of derogation from article 57, § 1, the applicant for asylum which has been designated as a place of compulsory registration in accordance with article 11, § 1, of the law of X on the reception of applicants for asylum and certain other categories of aliens, a reception structure managed by the agency or a partner thereof may obtain social assistance in this home structure pursuant to the Act, the X on the reception of applicants for asylum and certain other categories of aliens.
TITLE III. -Provisions repealing art. 70. on the entry into force of this Act its repealed in the programme act of 19 July 2001, amended by laws programs of 22 December 2003 and 27 December 2004: 1 ° article 60;
2 ° sections 62 to 64;
3 ° article 65, paragraph 3.
S. 71. article 57ter, paragraph 3, of the Act of 8 July 1976 organic of the public centres for social action is repealed.
S. 72. article 57ter 1, of the Act of 8 July 1976 organic of the public centres for social action is repealed.
S. 73. article 54, §§ 1 and 3, of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners is repealed.
TITLE IV. -Entry into force art. 74. the King determines the date of entry into force of the provisions of this Act.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, January 12, 2007.
ALBERT by the King: the Minister of Social Integration, v. DUPONT sealed with the seal of the State: the Minister of Justice, Ms. L. ONKELINX _ Note (1) Session 2005-2006.
House of representatives: parliamentary Documents. -Bill, no. 51 - 2565/001. -Amendments, no. 51-2565/002

and 003. -Report, n ° 51-2565/004. -Text adopted by the commission (article 78 of the Constitution), no. 51-2565/005. -Text adopted by the commission (article 77 of the Constitution), no. 51-2565/006. -Amendment, no. 51-2565/007. -Text adopted in plenary meeting and transmitted to the Senate (art. 77 of the Constitution), no. 51-2565/008.
Session 2006-2007.
Senate: Parliamentary Documents. -Draft transmitted by the House of representatives, no. 3-1938/1. -Project not referred by the Senate.