15 SEPTEMBER 2006. - An Act to amend the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I^er. - General provisions
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. The present law transposes, among other things, into the law of 15 December 1980 on access to territory, residence, establishment and removal of aliens, Directive 2003/86/EC of the Council of the European Union of 22 September 2003 on the right to family reunification, Directive 2004/83/EC of the Council of the European Union of 29 April 2004 concerning the minimum standards for the conditions to be met by third country nationals or stateless persons
CHAPTER II. - Amendments to the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens
Art. 3. Section 9, paragraph 3, of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens, as amended by the Act of 15 July 1996, is repealed.
Art. 4. Article 9bis, as follows, is inserted in the same law:
"Art. 9bis. § 1^er. In exceptional circumstances and provided that the foreigner has an identity document, the residence permit may be requested from the township of the locality in which he or she stays, which will transmit it to the Minister or his delegate. When the Minister or his delegate grants permission to stay, the residence will be issued in Belgium.
The condition that the foreigner has an identity document is not applicable:
- the claimant whose application for asylum has not been the subject of a final decision or has filed an appeal for administrative cassation deemed admissible in accordance with Article 20 of the Laws of the Council of State, coordinated on 12 January 1973, until the appeal is declared non-qualified;
- abroad which demonstrates validly its impossibility to obtain the required identity document in Belgium.
§ 2. Without prejudice to other elements of the application, may not be considered as exceptional circumstances and shall be declared inadmissible:
1° the elements that have already been invoked in support of an application for asylum within the meaning of Articles 50, 50 bis, 50ter and 51, and that have been rejected by the asylum authorities, with the exception of the elements rejected because they are alien to the criteria of the Geneva Convention as determined in Article 48/3 and to the criteria provided for in Article 48/4 in respect of subsidiary protection, or because they do not fall within the scope of these proceedings;
2° the elements that should have been invoked during the procedure for processing the asylum application within the meaning of Article 50, 50 bis, 50ter and 51, to the extent that they existed and were known abroad before the end of the proceedings;
3° the elements that have already been invoked in a previous application for permission to stay in the Kingdom;
4° the elements that were invoked in the context of an application for permission to stay on the basis of Article 9ter."
Art. 5. Article 9ter, as follows, is inserted in the same law:
"Art. 9ter. § 1^er. A foreigner who stays in Belgium and has an identity document and suffers from a disease in such a state that it entails a real risk for his or her life or physical integrity or a real risk of inhuman or degrading treatment when there is no adequate treatment in his or her country of origin or in the country in which he or she stays, may request permission to stay in the Kingdom to the Minister or to his or her delegate.
The foreigner must provide all relevant information regarding the disease. The assessment of the above-mentioned risk and treatment opportunities in the country of origin or in the country where he or she stays is made by a medical officer who renders an opinion on this subject. It may, if necessary, examine the foreigner and request further expert advice.
The condition that the foreigner has an identity document is not applicable:
- to the claimant whose application for asylum has not been the subject of a final decision or who has filed an appeal for administrative cassation deemed admissible in accordance with Article 20 of the Laws on the Council of State, coordinated on 12 January 1973, until a decision to reject the appeal is made;
- abroad which demonstrates validly its impossibility to obtain the required identity document in Belgium.
§ 2. Experts referred to in § 1^er shall be appointed by the King by order deliberately in the Council of Ministers.
The King sets the rules of procedure by order deliberately in the Council of Ministers and also determines the method of remuneration of the experts referred to in paragraph 1^er.
§ 3. The Minister or his or her delegate declares the facts invoked inadmissible in the cases referred to in Article 9bis, § 2, 1° to 3°, or if any evidence invoked in support of the application for permission to stay in the Kingdom has already been invoked in the context of a previous application for permission to stay in the Kingdom on the basis of this provision.
§ 4. The foreigner concerned shall be excluded from the benefit of this provision when the Minister or his delegate considers that there are substantial grounds for considering that he has committed acts referred to in section 55/4. »
Art. 6. Section 10 of the Act, replaced by the Act of 28 June 1984 and amended by the Acts of 6 August 1993 and 15 July 1996, is replaced by the following provision:
“Art. 10. § 1^er. Subject to the provisions of articles 9 and 12, are entitled to stay more than three months in the Kingdom:
1° the alien whose right of residence is recognized by an international treaty, by law or by a royal decree;
2° the foreigner who fulfils the legal conditions to acquire Belgian nationality by option under article 13, 1°, 3° and 4°, of the Belgian Nationality Code, or to recover it, without it being required, however, that he had his principal residence in Belgium for the twelve months preceding the application for admission to the residence and without having to make a declaration, as the case may be, of option or recovery of Belgian nationality;
3° the woman who, by marriage or following the acquisition by her husband of a foreign nationality, lost Belgian nationality;
4° the following members of the family of a foreigner admitted or authorized to stay in the Kingdom for an unlimited period of time, or authorized to establish:
- his foreign spouse or foreigner with whom he is bound by a registered partnership considered equivalent to a marriage in Belgium, who comes to live with him, provided that the two persons concerned are more than twenty-one years old. This minimum age is however reduced to eighteen years when the marital relationship or registered partnership, as the case may be, is pre-existing when the foreigner arrives in the Kingdom;
- their children, who come to live with them before they reach the age of eighteen and are single;
- the children of the foreigner joined, his or her spouse or registered partner referred to in the first dash, who come to live with them before reaching the age of eighteen years and are single, provided that the foreigner joins, his or her spouse or registered partner has the right to custody and custody and, in case of shared custody, provided that the other holder of the right to custody has given his or her consent;
5° the foreigner bound, by a partnership registered in accordance with a law, to a foreigner admitted or authorized to stay in the Kingdom for an unlimited period of time or allowed to settle in it, and who has, with it, a lasting and stable relationship of at least one year, who comes to live with him, as long as they are both older than twenty and one year and single and do not have a lasting relationship with another person
The minimum age of the two partners is reduced to eighteen years when they can prove a cohabitation of at least one year before the arrival of the foreigner joined in the Kingdom;
6° the unmarried disabled child of more than eighteen years of a foreigner authorized or admitted to stay in the Kingdom for an unlimited period of time or allowed to settle in the Kingdom, or of his spouse or partner within the meaning of point 4° or 5°, provided that he or she provides a certificate from a physician accredited by the Belgian diplomatic or consular post indicating that he or she is, because of his or her disability, provided his or her own needs
7° the father and mother of a foreigner who is recognized as a refugee within the meaning of Article 48/3, who come to live with him, provided that he is under the age of eighteen and enters the Kingdom without being accompanied by a foreigner who is responsible for him by law and has not been effectively taken care of by such a person thereafter, or was left alone after entering the Kingdom.
Paragraph 1^er, 4°, is not applicable to the spouse of a polygamous foreigner when another spouse of the latter already resides in the Kingdom, or to the children of origin, within the framework of a polygamous marriage, a foreigner and another wife that already resides in the Kingdom.
The King sets out, by royal decree deliberated in the Council of Ministers, cases in which a partnership registered on the basis of a foreign law must be considered equivalent to marriage in Belgium.
The King sets out, by deliberate decree in the Council of Ministers, the criteria establishing the stability of the relationship between partners.
Children's provisions apply unless an international agreement binding Belgium provides for more favourable provisions.
§ 2. Aliens referred to in § 1^erParagraph 1^er, 2° and 3°, must prove that they have stable, regular and sufficient means of subsistence to meet their own needs and not become a burden for public authorities.
Aliens referred to in § 1^erParagraph 1^er, 4° to 7°, must prove that the foreigner joins has sufficient housing to receive the member(s) of his family who ask to join him and health insurance covering the risks in Belgium for himself and his family members. The King sets out the cases in which the foreigner is considered to have adequate housing.
The foreigner referred to in § 1^erParagraph 1^er, 6°, must also prove that the foreigner joins has stable, regular and sufficient means of subsistence to support his own needs and those of his family members and not become a burden for the public authorities.
Paragraph 2 is not applicable to family members of a recognized foreign national referred to in § 1^erParagraph 1^er, 4°, 5° and 7°, when the bonds of kinship or alliance or registered partnership are preceded by the entry of this foreigner into the Kingdom and provided that the request for a stay on the basis of Article 10 was introduced in the year following the decision recognizing the quality of refugee abroad joined.
The Minister or his or her delegate may, however, require, by a reasoned decision, the production of the documents referred to in paragraph 2 where family reunification is possible in another country with which the foreigner joins or the member of his or her family has a particular connection, taking into account the circumstances of fact, the conditions set in that other country with respect to family reunification and the extent to which the aliens concerned may reunite them.
All foreigners referred to in § 1^er must also demonstrate that they are not affected by any of the diseases that could endanger public health, listed in item A of the Schedule to this Act.
§ 3. Subject to the application of Article 11, § 2, when a foreigner has himself been admitted to stay under § 1^erParagraph 1^er, 4° or 5°, as a spouse or unmarried partner, after the entry into force of this provision, the right to come and join him on the basis of a marriage or registered partnership, may only be invoked when he or she can demonstrate two years of regular stay in the Kingdom.
§ 4. § 1^erParagraph 1^er, 1°, 4°, 5° and 6°, is not applicable to members of the foreign family authorized to stay in Belgium for a limited period of study or permission to stay in Belgium for a limited period of time, fixed by this Act or due to special circumstances specific to the person concerned or in relation to the nature or duration of his activities in Belgium. »
Art. 7. Section 10bis of the Act, inserted by the Act of 28 June 1984 and amended by the Act of 15 July 1996, is replaced by the following provision:
"Art. 10bis. § 1^er. When members of the family referred to in Article 10, § 1^er, 4°, 5° and 6°, of a foreign student authorized to stay introduce a request for permission to stay for more than three months, this authorization must be granted if the student or one of the members of his family in question proves that he has stable, regular and sufficient means of subsistence to meet his own needs and those of his family members and not become a charge for public authorities, and^er, 5° to 8°, or are not affected by any of the diseases that could endanger public health, listed in item A of the Schedule to this Act.
The King sets out the cases in which the foreigner is considered to have sufficient housing.
The provisions of Article 12bis, § 6, also apply.
§ 2. When members of the family referred to in Article 10, § 1^er, 4° to 6°, of a foreigner authorized to stay in Belgium for a limited period of time, fixed by this Act or due to special circumstances specific to the person concerned or in relation to the nature or duration of his activities in Belgium, introduce a request for permission to stay for more than three months, this authorization must be granted if they prove that the foreigner joined has sufficient housing to receive the member(s)^er, 5° to 8°, or are not affected by any of the diseases that could endanger public health, listed in item A of the Schedule to this Act.
The member of the family referred to in Article 10, § 1^erParagraph 1^er, 6°, must also prove that the foreigner joins has stable, regular and sufficient means of subsistence to support his own needs and those of his family members and not become a burden for the public authorities.
The King sets out the cases in which the foreigner is considered to have sufficient housing.
The provisions of Article 12bis, § 6, also apply. »
Art. 8. An article 10ter, as follows, is inserted in the same law:
"Art. 10ter. § 1^er. The application for permission to stay is filed in accordance with the terms set out in Article 9 or 9bis.
The date of filing of the application referred to in Article 10bis is that to which all evidence referred to in Article 10bis, § 1^erParagraph 1^er, or § 2, paragraphs 1^er and 2, pursuant to section 30 of the Act of 16 July 2004 relating to the Code of Private International Law or to international conventions relating to the same matter, shall be produced, including an extract of a criminal record or equivalent document, if the applicant is over 18 years of age, and a medical certificate from which the applicant is not affected by one of the diseases listed in paragraph A of the Schedule to this Act.
§ 2. The decision on the application for permission to stay is taken and notified as soon as possible and no later than nine months after the date of filing of the application defined in § 1^er.
In exceptional cases related to the complexity of the review of the application and a reasoned decision, made available to the applicant, the Minister or his or her delegate may, on two occasions, extend this period by three months.
Upon the expiry of the nine-month period following the date of filing of the application, possibly extended in accordance with paragraph 2, if no decision has been taken, the residence permit must be issued.
As part of the examination of the application, due consideration is given to the best interests of the child.
§ 3. The Minister or his or her delegate may decide to reject the application for permission to stay for more than three months or for the same reasons as those referred to in Article 11, § 1^er, 1° to 3°, either where the foreigner does not meet or exceed the other conditions of Article 10bis, or when he has used false or misleading information or false or falsified documents, or has resorted to fraud or other illegal means, in order to obtain such authorization, or when it is established that marriage, partnership or adoption has been concluded only to allow him to enter or her. »
Art. 9. Section 11 of the Act, as amended by the Acts of 6 August 1993 and 15 July 1996, is replaced by the following provision:
“Art. 11. § 1^er. The Minister or his or her delegate may decide that the foreigner who declares to be in one of the cases provided for in section 10 does not have the right to enter or stay in the Kingdom, in one of the following cases:
1° that alien does not meet or fulfil any of the conditions of Article 10;
2° this foreigner and the foreigner joined do not maintain an effective marital or family life;
3° except for exemptions provided for by an international treaty, this alien is in one of the cases provided for in Article 3, 5° to 8°, or is affected by one of the diseases that could endanger public health, listed in Item A of the Schedule to this Act;
4° this alien has used false or misleading information or false or falsified documents, or has resorted to fraud or other illegal means, in order to be allowed to stay, or it is established that marriage, partnership or adoption have been concluded only to allow him to enter or stay in the Kingdom.
In the case of family members of a recognized refugee whose ties of kinship or alliance are prior to the entry of the refugee in the Kingdom, the decision may not be based solely on the lack of official documents proving the kinship or alliance relationship in accordance with Article 30 of the Act of 16 July 2004 bearing the Code of Private International Law or international conventions dealing with the same matter.
The decision indicates, where applicable, the provision of Article 3 that is applied.
§ 2. The Minister or his or her delegate may decide that a foreigner who has been admitted to stay in the Kingdom on the basis of Article 10 is no longer entitled to stay in the Kingdom, in one of the following cases:
1° that alien no longer meets one of the conditions of Article 10;
2° this foreigner and the foreigner joined do not maintain an effective marital or family life;
3° this foreigner, admitted to stay in the Kingdom as a registered partner on the basis of article 10, § 1^er, 4° or 5°, or the foreigner that he joined, married or has a lasting relationship with another person;
4° this alien has used false or misleading information or false or falsified documents, or has resorted to fraud or other illegal means, in order to be allowed to stay, or it is established that marriage, partnership or adoption have been concluded only to allow him to enter or stay in the Kingdom.
The decision based on point 1°, 2° or 3° can only be taken during admission to stay for a limited period of time. In this context, the reason referred to in point 1°, 2° or 3° will constitute sufficient motivation during the first two years following the issuance of the residence permit or, in the cases referred to in article 12bis, §§ 3 or 4, following the issuance of the document certifying that the application has been filed. In the third year following the issuance of the residence permit or, in the cases referred to in article 12bis, §§ 3 or 4, following the issuance of the document certifying that the application has been introduced, this motivation will only be sufficient if it is supplemented by elements indicating a situation of complacency.
The Minister or his or her delegate may carry out or conduct controls for the extension or renewal of the residence permit, in order to verify whether the foreigner meets the requirements of section 10. It may at any time carry out or carry out specific controls where there are presumptions of fraud or that marriage, partnership or adoption has been concluded to allow the person concerned to enter or stay in the Kingdom.
The Minister or his or her delegate takes particular consideration of the situation of victims of violence in their families, who have left their homes and require protection. In such cases, it will inform the person concerned of its decision not to terminate, on the basis of paragraph 1^er, 1°, 2° or 3°, at his stay. »
Art. 10. Section 12, paragraph 4, of the Act is replaced by the following provision:
"The application for registration must be submitted by the foreigner within eight working days of his entry into the Kingdom if he has obtained permission to stay or has been recognized the right to stay abroad. It must be introduced within eight working days of receiving this authorization or admission, if it has been obtained or recognized in the Kingdom. »
Art. 11. Section 12bis of the Act, inserted by the Act of 6 August 1993 and amended by the Act of 15 July 1996, is replaced by the following provision:
"Art. 12bis. § 1^er. An alien who declares to be in one of the cases referred to in Article 10 must apply to the Belgian diplomatic or consular representative competent for the place of his residence or residence abroad.
However, it may apply to the municipal administration of the locality where it stays in the following cases:
1° if it is already allowed or allowed to stay more than three months in the Kingdom in another title and submits all evidence referred to in § 2 before the end of the admission or authorization;
2° if he is allowed to stay for a maximum of three months and submits all the evidence referred to in § 2 before the end of that authorization;
3° if it is in exceptional circumstances that prevent him from returning to his country to apply for the visa required under Article 2 to the competent Belgian diplomatic or consular representative, and shall present all the evidence referred to in § 2 and proof of his identity.
§ 2. When the foreigner referred to in § 1^er submits its application to the competent Belgian diplomatic or consular representative for the place of his residence or residence abroad, the latter must be accompanied by the documents which prove that he meets the conditions referred to in Article 10, §§ 1^er to 3, including a medical certificate from which it results that it is not affected by one of the diseases listed in paragraph A of the Schedule to this Act, as well as an extract of a criminal record or equivalent document, if it is more than eighteen years old.
The date of filing of the application is the date on which all of these documents, in accordance with Article 30 of the Act of 16 July 2004, bearing the Code of Private International Law or international conventions dealing with the same matter, are produced.
The decision on admission to stay is taken and notified as soon as possible and no later than nine months after the date of filing of the application defined in paragraph 2.
In exceptional cases related to the complexity of the review of the application and a reasoned decision, made available to the applicant, the Minister or his or her delegate may, on two occasions, extend this period by three months.
Upon expiry of the nine-month period following the date of filing of the application, possibly extended in accordance with paragraph 4, if no decision has been taken, the admission to the stay must be recognized.
§ 3. In cases referred to in § 1^er, paragraph 2, 1 and 2°, when the foreigner referred to in § 1^er is present at the municipal administration of the locality where it resides and declares to be in one of the cases provided for in Article 10, it is, in the light of the documents required for its entry and stay and provided that all the evidence referred to in § 2 is produced, registered in the register of aliens and held in possession of a document attesting that the application has been filed and a document attesting that it is registered in the register of foreigners.
The municipal administration shall promptly inform the Minister or his or her delegate of the application and shall ensure its agreement.
In the event of a favourable decision by the Minister or his delegate or, if within nine months of the date of the application, no decision is made to the municipal administration, the alien is allowed to stay.
In exceptional cases related to the complexity of the review of the application and a reasoned decision, made available to the municipal administration prior to the expiry of the period provided for in paragraph 3, the Minister or his delegate may, on a maximum of two occasions, extend this period of three months.
§ 4. In cases referred to in § 1^er, paragraph 2, 3°, when the foreigner referred to in § 1^er submits to the municipal administration of the locality where he or she resides and declares to be in one of the cases provided for in section 10, the municipality shall promptly ascertain the admissibility of the application to the Minister or his or her delegate. When the foreigner considers that the foreigner meets the conditions of § 1^er, paragraph 2, 3°, it communicates it to the municipal administration, which then registers the foreigner in the register of foreigners and puts it in possession of a document certifying that the application was filed and a document certifying that it is registered in the register of foreigners.
The assessment of the medical situation, if any, invoked by the foreign national, shall be made by a medical officer who renders an opinion on this subject and may, if necessary, examine the foreigner and request the additional opinion of experts, designated in accordance with Article 9ter, § 2.
The provisions of § 3, paragraphs 3 and 4, are also applicable.
§ 5. Where the family member(s) of a recognized refugee alien whose ties of kinship or covenant are prior to the entry of the alien in the Kingdom, cannot provide the official documents that prove that they meet the requirements for the kinship or alliance link referred to in Article 10, other valid evidence is taken into account in respect of that connection. If not, the provisions of § 6 may be applied.
§ 6. Where it is found that the foreigner cannot demonstrate the relationship of kinship or covenant invoked, by official documents in accordance with section 30 of the Act of 16 July 2004 relating to the Code of Private International Law or to international conventions relating to the same matter, the Minister or his delegate may conduct or conduct interviews with the latter and the foreigner joined or any investigation deemed necessary, and propose, where appropriate, any further analysis.
§ 7. As part of the examination of the application, due consideration is given to the best interests of the child. »
Art. 12. Section 13 of the Act, amended by the Royal Decree of 13 July 1992 and by the laws of 6 May 1993 and 15 July 1996, is replaced by the following provision:
“Art. 13. § 1^er. Unless otherwise expressly provided, the residence permit shall be given for a limited period of time, either fixed by this Act or because of the particular circumstances of the person concerned, or in relation to the nature or duration of the benefits to be performed in Belgium.
The residence permit granted for a limited period of time on the basis of section 9ter becomes unlimited on the expiry of the five-year period following the application for authorization.
Admission to stay under Article 10 shall be recognized for a limited period of time for the period of three years following the issuance of the residence permit or, in the cases referred to in Article 12bis, §§ 3 or 4, following the issuance of the document certifying that the application was filed, at the expiry of which it becomes unlimited.
By derogation from paragraph 3, family members of a foreign national authorized to stay for a limited period of time, to which Article 10, § 1^erParagraph 1^er, 1°, is applicable, the provision provided for in paragraph 6.
The residence permit issued to a foreigner authorized or admitted to a stay for a limited period is valid until the validity of the authorization or admission. Where a residence permit has been issued to a foreigner admitted to the residence for a limited period of time in accordance with paragraph 3 and the admission to the residence becomes unlimited during the validity period of the residence permit, the residence shall remain valid until the term of validity of the residence permit. The King determines the validity of the residence permit issued abroad or allowed to stay for an unlimited period of time.
Members of the family referred to in Article 10bis, §§ 1^er and 2, obtain a residence permit whose term of validity is identical to that of the foreigner's residence permit.
§ 2. The residence permit shall be extended or renewed, at the request of the person concerned, by the municipal administration of the place of his residence, provided that the application has been filed before the expiry of the title and that the Minister or his delegate has extended the authorization for a new period or has not terminated the admission to the residence.
The King determines the time and conditions in which renewal or extension of residence permits must be requested.
§ 3. The Minister or his or her delegate may order to leave the territory abroad authorized to stay in the Kingdom for a limited period of time, fixed by law or due to special circumstances specific to the individual or in relation to the nature or duration of his or her activities in Belgium, in one of the following cases:
1° when it extends its stay in the Kingdom beyond this limited period;
2° when he no longer meets the conditions laid down in his stay;
3° when he used false or misleading information or false or falsified documents, or used fraud or other illegal means, in order to be allowed to stay.
§ 4. The Minister or his or her delegate may take the same action with respect to family members referred to in Article 10 bis, § 2, in one of the following cases:
1° it is terminated the stay of the foreigner joined on the basis of § 3;
2° This alien no longer meets the conditions laid down in his stay;
3° this foreigner and the foreigner joined do not maintain an effective marital or family life;
4° the alien authorized to stay in the Kingdom as a registered partner within the meaning of Article 10 § 1^er, 4° or 5°, or the foreigner that he joined, married or has a lasting relationship with another person;
5° this alien has used false or misleading information or false or falsified documents, or has resorted to fraud or other illegal means, in order to be allowed to stay, or it is established that marriage, partnership or adoption have been concluded only to allow him to enter or stay in the Kingdom.
Without prejudice to the application of section 61, § 3, the Minister or his delegate may take the same measure with respect to family members referred to in section 10 bis, § 1^er.
§ 5. During the ten years following the application for permission to stay, the Minister or his or her delegate may terminate the stay of the foreigner authorized to stay for more than three months on the basis of section 9ter and give him or her the order to leave the territory when he has obtained this authorization on the basis of facts presented in altered manner or that he has concealed, false statements or documents false or falsified, which have been determinative.
§ 6. The order to leave the territory indicates that the provisions of this article have been applied.
The Minister or his or her delegate may carry out or conduct controls for the extension or renewal of the residence permit, in order to verify whether the foreigner meets the requirements of section 10. It may at any time carry out or carry out specific controls where there are presumptions of fraud or that marriage, partnership or adoption has been concluded to allow the person concerned to enter or stay in the Kingdom. »
Art. 13. Section 14, paragraph 2, of the Act, as amended by the Acts of 6 August 1993 and 15 July 1996, is replaced by the following provision:
"This authorization may only be granted to a foreigner who is admitted or authorized to stay in the Kingdom for more than three months, provided that such admission or authorization is not given for a limited period of time, as set out in this Act or because of special circumstances specific to the person concerned or in relation to the nature and duration of activities in Belgium. »
Art. 14. Section 15 of the Act, replaced by the Act of 28 June 1984, is replaced by the following provision:
“Art. 15. Without prejudice to more favourable provisions contained in an international treaty and unless the alien who so requests is in one of the cases provided for in article 3, paragraph 1^er, 5° to 8°, the authorization for establishment must be granted:
1° to family members referred to in Article 10, § 1^erParagraph 1^er4 to 7°, or to which Article 10 § 1^erParagraph 1^er, 1°, is applicable, of an alien authorized to settle in the Kingdom, however, with respect to the spouse or partner, that they live with the spouse;
2° abroad which justifies the regular and uninterrupted stay of five years in the Kingdom.
The Minister or his or her delegate may carry out or carry out checks to verify whether the foreigner meets the prescribed conditions. It may at any time carry out or carry out specific controls where there are presumptions of fraud or that marriage, partnership or adoption has been concluded to allow the person concerned to enter or stay in the Kingdom. »
Art. 15. Section 16 of the Act, as amended by the Act of 15 July 1996, is replaced by the following provision:
“Art. 16. The application for an establishment authorization shall be addressed to the municipal administration of the place of residence, which shall issue an acknowledgement of receipt and shall transmit it to the Minister or to his delegate, provided that the alien meets the requirement of section 14. »
Art. 16. In section 18 of the Act, as amended by the Act of 15 July 1996, the following amendments are made:
1° the current provision becomes § 1^er;
2° a § 2 is inserted as follows:
“§2. The Minister or his or her delegate may decide that a foreigner who has been authorized to settle in the Kingdom on the basis of Article 14 no longer has the right to stay in the Kingdom when that alien has used false or misleading information or false or falsified documents, or has resorted to fraud or other illegal means, in order to be allowed or authorized to stay. »
Art. 17. Article 20, paragraph 1^erthe Act, amended by the Acts of 15 July 1996 and 26 May 2005, is supplemented as follows:
"The King sets out by deliberate order in the Council of Ministers the other cases in which the dismissal can be ordered only after the advice of the Aliens Advisory Commission. »
Art. 18. Article 29, paragraph 1^erthe same law, as amended by the laws of 6 May 1993 and 1^er September 2004, the words ", possibly increased period of review of the application for review," are deleted.
Art. 19. Article 30bis, § 2, paragraph 1^er, of the same law, inserted by the law of 27 December 2004, in points 1° and 2°, the words "Article 10, paragraph 1^er, 1° and 4° are replaced by the words "Article 10, § 1^erParagraph 1^er1° and 4° to 7°".
Art. 20. Section 44 of the Act, as amended by the Act of 15 July 1996, is repealed.
Art. 21. Section 44bis, paragraph 2, of the Act, inserted by the Act of 15 July 1996, is repealed.
Art. 22. Under Part II of the Act, the title of Chapter II is replaced by the following title:
"Chapter II. - Refugees and persons eligible for subsidiary protection".
Art. 23. The title of chapter II, section 1, of Part II of the Act, inserted by the Act of 14 July 1987, is replaced by the following title:
"Section 1^re. - Refugee status and subsidiary protection status."
Art. 24. Article 48/2, as follows, is inserted in the same law:
"Art. 48/2. May be recognized as a refugee or as a person eligible for subsidiary protection, a foreigner who meets the requirements of section 48/3 or 48/4. »
Art. 25. Article 48/3, as follows, is inserted in the same law:
"Art. 48/3. § 1^er. Refugee status is granted abroad that meets the requirements of section 1^er of the Geneva Convention of 28 July 1951 relating to the Status of Refugees, as amended by the New York Protocol of 31 January 1967.
§ 2. Acts considered to be persecution within the meaning of Article 1 A of the Geneva Convention shall:
(a) be sufficiently serious because of their nature or their repeated character to constitute a violation of fundamental human rights, in particular the rights to which no exemption is possible under Article 15.2 of the European Convention for the Protection of Human Rights and Fundamental Freedoms; or
(b) be an accumulation of various measures, including human rights violations, which is serious enough to affect an individual in a manner comparable to what is indicated in (a).
The above-mentioned acts of persecution may include:
(a) physical or mental violence, including sexual violence;
(b) legal, administrative, police and/or judicial measures that are discriminatory in themselves or implemented in a discriminatory manner;
(c) disproportionate or discriminatory prosecution or punishment;
(d) Denial of a legal remedy that results in a disproportionate or discriminatory sanction;
(e) prosecution or punishment for refusal to perform military service, particularly in the event of a conflict where the military service would presume to commit crimes or to perform acts under the exclusion clauses referred to in Article 55/2, § 1^er;
(f) acts against persons because of their sex or against children.
§ 3. There must be a link between acts of persecution and grounds of persecution.
§ 4. As part of the assessment of the grounds for persecution, the following elements must be considered:
(a) the notion of "race" includes, inter alia, considerations of colour, origin or belonging to a specific ethnic group;
(b) the notion of "religion" includes, inter alia, the fact of having theist, non-theist or atheist convictions, participation in private or public worship ceremonies, whether alone or in community, or not participating in them, other religious acts or expressions of religious opinion, as well as forms of personal or community behaviour based on or imposed religious beliefs;
(c) the notion of "nationality" is not limited to the citizenship or non-existence of it, but includes, among other things, membership of a group welded by its cultural, ethnic or linguistic identity, by its common geographical or political origins, or by its relationship with the population of another State;
(d) a group shall be considered as a certain social group where, inter alia:
- its members share an innate characteristic or common roots that cannot be altered, or a characteristic or belief at this essential point for the identity or consciousness that it should not be required of a person that it renounces, and
- this group has a unique identity in the country in question because it is perceived to be different by the surrounding society;
e) the notion of "political opinions" includes, inter alia, opinions, ideas or beliefs in an area related to the actors of persecution referred to in article 48/5 and their policies or methods, whether or not these opinions, ideas or beliefs have been translated into acts by the applicant.
§ 5. As part of the assessment of the merits of the fear of persecution of the plaintiff, it is indifferent that he actually possesses the characteristic related to race, religion, nationality, membership of a particular social group or political opinions at the origin of persecution, provided that these characteristics are attributed to him by the actor of persecution. »
Art. 26. Article 48/4, as follows, is inserted in the same law:
"Art. 48/4. § 1^er. The subsidiary protection status is granted to the foreigner who cannot be considered as a refugee and who cannot benefit from Article 9ter, and in respect of which there are substantial grounds to believe that, if returned to his country of origin or, in the case of a stateless person, in the country in which he had his habitual residence, he would be in danger of being subjected to the serious breaches referred to in paragraph 2, and
§ 2. Are considered serious offences:
(a) the death penalty or execution; or
(b) torture or inhuman or degrading treatment or punishment of the applicant in his country of origin; or
(c) serious threats to the life or person of a civilian due to indiscriminate violence in the event of internal or international armed conflict. »
Art. 27. Article 48/5, as follows, is inserted in the same law:
"Art. 48/5. § 1^er. Persecution within the meaning of Article 48/3 or a serious breach within the meaning of Article 48/4 may arise or be caused by:
(a) the State;
(b) parties or organizations that control the State or an important part of its territory;
(c) non-State actors, if it may be demonstrated that the actors referred to in (a) and (b), including international organizations, may not or do not wish to grant the protection provided for in § 2 against serious persecution or abuse.
§ 2. Protection may be granted by:
(a) the State, or
(b) parties or organizations, including international organizations, which control the State or an important part of its territory.
Protection, as defined in sections 48/3 and 48/4, is generally granted where the actors referred to in paragraph 1^er take reasonable measures to prevent serious persecution or abuse, including where they have an effective judicial system to detect, prosecute and punish acts constituting persecution or serious breaches, and where the applicant has access to such protection.
In order to determine whether an international organization controls a State or an important part of its territory and provides protection within the meaning of articles 48/3 and 48/4, it shall be taken into account, inter alia, the European regulation in this regard.
§ 3. There is no need to grant international protection where, in part of the country of origin, there is no reason to fear persecution or any real risk of serious harm and that the applicant may reasonably be expected to remain in that part of the country.
In such a case, the competent authority shall take into account, at the time it decides on the application, the general conditions prevailing in the country and the personal situation of the applicant. »
Art. 28. Section 49 of the Act, replaced by the Act of 14 July 1987 and amended by the Act of 15 July 1996, is replaced by the following provision:
“Art 49. § 1^er. Are considered refugees within the meaning of this Act and admitted to stay in the Kingdom:
1° the foreigner who, under international agreements prior to the International Convention on the Status of Refugees, and the Annexes, signed in Geneva on 28 July 1951, possessed in Belgium the refugee status before the entry into force of the law of 26 June 1953, which approved the said Convention;
2° the foreigner to whom the refugee status was recognized by the Minister of Foreign Affairs or by the international authority to which the Minister delegated his jurisdiction;
3° the foreigner to whom the refugee status is recognized by the Commissioner General for Refugees and Stateless Persons;
4° the foreigner to whom the refugee status was recognized by the Standing Committee on the Appeal of Aliens;
5° the foreigner to whom the refugee status is recognized by the Aliens Litigation Council.
6° the foreigner who, after being recognized as a refugee while in the territory of another Contracting State to the International Convention relating to the Status of Refugees, was authorized by the Minister or his delegate to stay or settle in the Kingdom, provided that his refugee status is confirmed by the authority referred to in 2° or 3°.
§ 2. The Minister or his or her delegate may, in the first ten years of his or her stay from the date of the introduction of the asylum application, at any time request the Commissioner-General for Refugees and Stateless Persons to withdraw the refugee status recognized in a foreign country, in accordance with section 57/6, paragraph 1^er7°.
In this case, the Commissioner-General for Refugees and Stateless Persons shall render a reasoned decision within sixty working days.
§ 3. In the first ten years of stay, starting from the date of the introduction of the asylum application, the Minister or his delegate may order to leave the territory abroad whose refugee status has been withdrawn by the Commissioner-General for Refugees and Stateless Persons pursuant to section 57/6, 7°. »
Art. 29. Article 49/2, as follows, is inserted in the same law:
“Art. 49/2. § 1^er. Is considered to be granted subsidiary protection and allowed to stay for a limited period in the Kingdom: the alien to whom the Commissioner-General for Refugees and Stateless Persons or the Aliens Litigation Council grants the status provided for in Article 48/4.
§ 2. The residence permit that notes the admission to stay for a limited period is valid for a period of one year, prorogable and renewable.
§ 3. Upon expiry of a period of five years from the date of the introduction of the asylum application the alien to whom that status was recognized is admitted to stay for an unlimited period of time.
§ 4. The Minister or his or her delegate may, during the limited stay of a foreigner, at any time ask the Commissioner General for Refugees and stateless persons to repeal or withdraw the subsidiary protection status granted abroad, in accordance with section 57/6, 4° or 6°. It may also, during the first ten years of stay in the country from the date of the asylum application, request the Commissioner-General to withdraw the subsidiary protection status, in accordance with Article 57/6, 7°.
In this case, the Commissioner-General for Refugees and Stateless Persons shall render a reasoned decision within sixty working days.
In the event of a final decision, the granting of an unlimited period of stay provided for in § 3 is, if any, suspended for up to one year.
§ 5. During the limited stay, the Minister or his delegate may, when the Commissioner General for Refugees and Stateless Persons has made a decision to repeal or withdraw the subsidiary protection status in accordance with section 57/6, 4° or 6°, order to leave the territory abroad. When the subsidiary protection status is withdrawn in accordance with Article 57/6, 6°, the Commissioner-General shall, as part of his decision, give notice of the conformity of a measure of removal from the person concerned to his country of origin under Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
During the first ten years of the foreigner's stay, from the date of the introduction of the asylum application, the Minister or his delegate may order to leave the territory abroad to which the Commissioner General for Refugees and Stateless Persons has withdrawn the status of subsidiary protection in accordance with section 57/6, 7°.
§ 6. If there is a foreigner who enjoys subsidiary protection status, serious reasons for considering it as a danger to public order or national security, the Minister may, as the case may be, decide that he or she cannot or may not stay in the territory or establish himself or herself in that capacity. The Minister makes this decision in accordance with the provisions of sections 20 and 21. »
Art. 30. Article 49/3, as follows, is inserted in the same law:
"Art. 49/3. An application for recognition of refugee status or granting subsidiary protection status is made in the form of an asylum application.
This asylum application is considered as a matter of priority under the Geneva Convention, as determined in Article 48/3, and then as part of Article 48/4. »
Art. 31. In article 49bis of the same law, inserted by the law of 15 July 1996, which becomes article 49/4, the words "international conventions" are replaced by the words "European regulation" and the word "relatives" is replaced by the word "relative".
Art. 32. In section 50 of the Act, replaced by the Act of 14 July 1987 and amended by the Acts of 6 May 1993 and 15 July 1996, the following amendments are made:
1st paragraph 1^er is replaced by the following provision:
"A foreigner who enters or enters the Kingdom without meeting the conditions set out in Article 2 and who wishes to obtain refugee status or subsidiary protection status must, at the time of his or her entry or at least within eight working days after the latter, apply for asylum. The King designates the authorities to which the alien may apply for asylum. »;
2° in paragraph 2, the word "declaration" is replaced by the word "application".
Art. 33. In section 50bis of the Act, inserted by the Act of 18 February 2003, the following amendments are made:
1° to paragraph 1^er, the words "to make a declaration or to apply for recognition of its refugee status to" are replaced by the words "to file a claim with";
2° to paragraph 2, the words "must make a declaration or apply for recognition of refugee status to" are replaced by the words "or subsidiary protection status, must apply for asylum to";
3° in paragraph 3, the words "The authority to which the foreigner referred to in paragraph 1^er or 2, make its declaration" are replaced by the words "The authority to which the foreigner referred to in paragraph 1^er or 2, introduce his asylum application."
Art. 34. An article 50ter, as follows, is inserted in the same law:
"Art. 50ter. The foreigner who tries to enter the Kingdom without complying with the requirements set out in Article 2 must apply for asylum to the border control authorities, at the time they question him about the reasons for his arrival in Belgium. »
Art. 35. Section 51 of the Act, replaced by the Act of 14 July 1987 and amended by the Acts of 6 May 1993 and 15 July 1996, is amended as follows:
1° paragraphs 1^er and 2 are replaced by the following:
"The foreigner who has entered the Kingdom regularly in the course of a stay of up to three months without having refugee status or subsidiary protection status and who wishes to obtain it, must apply his asylum application to one of the authorities designated by the King pursuant to Article 50, paragraph 1^erwithin eight working days of entering the Kingdom.
A foreigner who is admitted to or authorized to stay for more than three months in or to settle in the Kingdom, who wishes to obtain refugee status or subsidiary protection status, must apply for asylum to one of the authorities provided for in paragraph 1^er, before it is terminated the authorization or the right to stay. »;
2° in paragraph 3, the words "The authority to which the foreigner makes his statement" are replaced by the words "The authority to which the foreigner applies for asylum".
Art. 36. The following amendments are made to section 51/2 of the same Act, inserted by the Act of 18 July 1991 and amended by the Acts of 6 May 1993, 15 July 1996 and 22 December 2003:
1° to paragraph 1^er, the words "During his declaration or request for recognition of refugee status" are replaced by the words "During his asylum application";
2° in paragraph 2, the words "who declares himself a refugee" are replaced by the words "who introduces an asylum application";
3° in paragraph 3, the words "who declares himself a refugee" are replaced by the words "who introduces an asylum application".
Art. 37. In section 51/3 of the Act, inserted by the Act of 15 July 1996, the following amendments are made:
1° § 1^er, 1° to 3°, is replaced by the following:
"1° the foreigner who applies for asylum at the border or within the Kingdom;
2° the foreigner whose taking or taking over is the responsibility of the Belgian State, under the European regulations binding on Belgium concerning the determination of the State responsible for the examination of asylum applications;
3° the foreigner for whom there are indications that he has already filed an asylum application;"
2° to § 2, 2°, the words "international conventions linking Belgium" are replaced by the words "European regulations linking Belgium";
3° in § 3, the words "an officer of the gendarmerie" are replaced by the words "an officer of the administrative police";
4° § 5 is supplemented by the words "or where the subsidiary protection status is granted in accordance with Article 49/2. »
Art. 38. In section 51/4 of the Act, inserted by the Act of 10 July 1996 and amended by the Act of 22 December 2003, the following amendments are made:
1° to § 1^erParagraph 1^erthe words "The examination of the declaration or application referred to in sections 50 and 51" are replaced by the words "The examination of the claim referred to in sections 50, 50 bis, 50ter and 51";
2° to § 2, the words "seen to Article 50, 50bis or 51" are replaced by the words "seen to Article 50, 50bis, 50ter or 51".
3° § 3 is replaced by the following provision:
Ҥ3. In proceedings before the Commissioner General for Refugees and Stateless Persons, the Council of the Litigation of Foreigners and the Council of State, as well as if the foreigner requests, during the processing of his asylum application or within six months of the termination of the asylum procedure, the granting of a residence permit on the basis of article 9bis or 9ter, it is made use of the chosen language or determined.
Paragraph 1^er, second paragraph, is applicable. »
Art. 39. Section 51/5 of the Act, inserted by the Act of 15 July 1996 and amended by the Acts of 18 February 2003 and 22 December 2003, are amended as follows:
1° to § 1^erthe following modifications are made:
(a) in paragraph 1^er, the words "As soon as the foreigner claims to be a refugee on the border or within the Kingdom, in accordance with Article 50, 50bis or 51" are replaced by the words "As soon as the foreigner applies for asylum on the border or within the Kingdom, in accordance with Article 50, 50bis, 50ter or 51" and the words "international conventions linking Belgium" are replaced by European regulations
(b) Paragraph 2 is replaced by the following:
"For this purpose, may be kept in a specified place the strictly necessary time, without the duration of such detention or detention being able to exceed one month:
1° the foreigner who has a residence permit or travel document, has a visa or a certificate in lieu of a visa, whose validity period is expired, issued by a State bound by the European regulations concerning the determination of the State responsible for the processing of the asylum application, or
2° the foreigner who does not have the entry documents referred to in Article 2 and who, according to his own words, stayed in such a State, or
3° the foreigner who does not have the entry documents referred to in Article 2 and whose fingerprinting in accordance with Article 51/3 indicates that he has stayed in such a State.
Where it is demonstrated that the processing of an application for the care or recovery of a claimant is particularly complex, the retention or detention period may be extended by the Minister or his or her delegate for a period of one month. »;
(c) in paragraph 3, which becomes paragraph 4, the words " Notwithstanding paragraphs 1^er and 2" are replaced by the words " Notwithstanding paragraph 1^er"and the words "the minister or his delegate" are replaced by the words "the Commissioner General for Refugees and Stateless Persons";
(d) a paragraph 5 is inserted, as follows:
"If the foreigner does not follow up on a summons or a request for information within fifteen days of sending the summons, he is presumed to have waived his asylum application. »;
2° In § 2, the following sentence is inserted before the existing sentence:
"Although under the European regulations, linking Belgium, the processing of the application does not involve Belgium, the Minister or his delegate may at any time decide that Belgium is responsible for the examination of the application. »;
3° to § 3, the following amendments are made:
(a) in paragraph 1^er, the words "international conventions linking Belgium" are replaced by the words "European regulations linking Belgium";
(b) in paragraph 4, the words "two months" are replaced by the words "one month";
(c) paragraph 4 is supplemented as follows:
"It is not taken into account the duration of the retention or detention referred to in § 1^erParagraph 2. »
Art. 40. A. Article 51/6, paragraph 1^erthe same Act, which was inserted by the Act of 15 July 1996, is amended as follows:
1° the words "When the foreigner who has declared himself a refugee" are replaced by the words "When the foreigner has applied for asylum";
2° the words "international conventions" are replaced by the words "European regulations";
3° the words "the Standing Committee on Refugee Appeal" are replaced by the words "the Council of Aliens Litigation".
Art. 41. Section 51/7 of the Act, inserted by the Act of 15 July 1996, is amended as follows:
1° to paragraph 1^er, the words "international conventions" are replaced by the words "European regulations".
2° in paragraph 4, the words "of asylum" are inserted between the words "The examination of the request" and the words "must be started".
Art. 42. The first sentence of article 51/8, paragraph 1^erthe same law, as amended by the laws of 6 May 1993 and 15 July 1996, is replaced by the following sentence:
"The Minister or his delegate may decide not to take the asylum application into consideration when the foreigner has already filed the same asylum application with one of the authorities designated by the King pursuant to section 50, paragraph 1^erand that it does not provide any new elements that exist, with regard to it, serious indications of a grounded fear of persecution within the meaning of the Geneva Convention, as defined in Article 48/3 or serious indications of a real risk of serious breaches as defined in Article 48/4. "
Art. 43. Article 51/10, as follows, is inserted in the same law:
"Art. 51/10. The Minister or his delegate acknowledges receipt of the asylum application filed with the authorities referred to in section 50, paragraph 1^er, and records the statements of the foreigner regarding his identity, origin and route, and gives the foreigner a questionnaire in which he is invited to explain the reasons that led him to apply for asylum and the possibilities of return to the country he fled.
This declaration must be signed by the foreigner. 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 immediately forwarded to the Commissioner-General for Refugees and Stateless Persons.
At the same time, the Minister or his or her delegate notes whether the foreigner stays regularly in the Kingdom or not. »
Art. 44. Section 52 of the Act, replaced by the Act of 18 July 1991 and amended by the Acts of 6 May 1993, 15 July 1996 and 18 February 2003, are amended as follows:
1° to § 1^erthe following modifications are made:
(a) the introductory sentence is replaced as follows:
"The Commissioner-General for Refugees and Stateless Persons may decide not to recognize refugee status or not to grant subsidiary protection status to a foreigner when he or she tries to enter the Kingdom without meeting the conditions laid down in Article 2, shall apply for asylum at the border and:";
(b) at point 2°, (b), the words "of the International Convention on the Status of Refugees, signed at Geneva on 28 July 1951, or other criteria justifying the granting of asylum" are replaced by the words "of the Geneva Convention as determined in Article 48/3, or the criteria provided for in Article 48/4 in respect of subsidiary protection";
(c) at points 4° and 5°, the words "of the International Convention relating to the Status of Refugees, signed at Geneva on 28 July 1951" are replaced by the words "of the Geneva Convention, as determined in article 48/3, and without substantial grounds for believing that it runs a real risk of a serious breach, as determined in article 48/4";
(d) at point 7°, the words "of the above-mentioned International Convention" are replaced by the words "of the Geneva Convention, as determined in article 48/3 or do not invoke serious grounds that prove the real risk that a serious breach of article 48/4" is sustained;
2° to § 2, the following amendments are made:
(a) the introductory sentence is replaced as follows:
"The Commissioner-General for Refugees and Stateless Persons may decide not to recognize refugee status or not to grant subsidiary protection status to a foreigner when he entered the Kingdom without meeting the conditions set out in Article 2, and shall apply for asylum:"
(b) at point 1°, the word "request" is replaced by the words "request for asylum";
(c) Item 4 is replaced as follows:
"4° if the foreigner does not present himself on the date set out in a summons and does not provide any valid reason for this matter within fifteen days of that date, or if the foreigner does not, without valid reason, apply for information in the month of his or her consignment;";
(d) at point 5°, the words "one month" are replaced by the words "fifteen days";
3° to § 3, the following amendments are made:
(a) the introductory sentence is amended to read:
"The Commissioner-General for Refugees and Stateless Persons may decide not to recognize refugee status or not to grant subsidiary protection status to a foreigner when he has entered the Kingdom on a regular basis, and shall apply for asylum:"
(b) at point 1°, the words "a, without justification, submitted its application when the stay has ceased to be regular" are replaced by the words "a, without justification, submitted its application for asylum after the expiry of the period provided for in article 51, paragraph 1^er";
4° to § 4, the following amendments are made:
(a) the introductory sentence is amended to read:
"The Commissioner-General for Refugees and Stateless Persons may decide not to recognize refugee status or not to grant subsidiary protection status to an alien authorized or admitted to stay for more than three months in the Kingdom or to settle in the Kingdom, who shall apply for asylum:"
(b) at point 1°, the words "sa request when the stay or establishment has ceased to be regular" are replaced by the words "sa request for asylum after the expiry of the period specified in Article 50bis, paragraph 2, and Article 51, paragraph 2";
5° § 5 is replaced by the following provision:
“In the cases referred to in § 1^er at 4, the Commissioner-General for Refugees and Stateless Persons shall, as a matter of priority and within two months after the Minister or his delegate has notified him that Belgium is responsible for the processing of the asylum application, whether the refugee status or subsidiary protection status must or should not be recognized abroad. »
Art. 45. Article 52/2, as follows, is inserted in the same law:
"Art. 52/2. § 1^er. The Commissioner-General for Refugees and Stateless Persons also decides, as a matter of priority and within two months after the Minister or his or her delegate has notified him or her that Belgium is responsible for the processing of the asylum application, whether or not the refugee or subsidiary protection status must be recognized or granted abroad in a case referred to in article 74/6, § 1^erbis, 8° to 15°.
§ 2. The Commissioner-General for Refugees and Stateless Persons shall decide, before all other cases and within fifteen days after the Minister or his delegate has notified him that Belgium is responsible for the processing of the asylum application, whether the refugee status or subsidiary protection status must be recognized or granted abroad, where:
1° the alien is in a specified place referred to in Article 74/8, § 1^eror is the subject of a security measure referred to in section 68;
2° the foreigner is in a prison;
3° the Minister or his delegate requests the Commissioner-General for Refugees and Stateless Persons to give priority to the foreign country's request;
4° there are indications that the foreigner represents a danger to public order or to national security. »
Art. 46. Article 52/3, as follows, is inserted in the same law:
"Art. 52/3. § 1^er. When the Commissioner-General for Refugees and Stateless Persons refuses to recognize refugee status or to grant subsidiary protection status abroad and that he or she stays irregularly in the Kingdom, the Minister or his or her delegate shall decide without delay that the alien falls in the cases referred to in Article 7, paragraph 1^er1° to 11° or 27 § 1^erParagraph 1^er and § 3. This decision is notified to the interested party in accordance with Article 51/2.
§ 2. In the cases referred to in Article 74/6, § 1^erbis, the Minister or his or her delegate immediately decides upon the introduction of the asylum application that the alien falls in the cases referred to in Article 7, paragraph 1^er, 1° to 11°, or article 27, § 1, paragraph 1^er, and § 3. In the case referred to in section 50ter, the Minister or his or her delegate also immediately decides upon the introduction of the asylum application that the alien is not allowed to enter the territory and is returned.
These decisions are notified where the foreigner is kept. » .
Art. 47. In section 52bis of the Act, inserted by the Act of 6 May 1993 and amended by the Act of 15 July 1996, which becomes section 52/4, the following amendments are made:
1° to paragraph 1^er, the words "who asks for or has requested recognition of refugee status" are replaced by the words "who has introduced an asylum application in accordance with Articles 50, 50 bis, 50ter or 51";
2° to paragraph 2, the words "of conformity to the International Convention on the Status of Refugees, signed in Geneva on 28 July 1951, and to Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950, of the declaration made by the person concerned that he is a refugee or of his request to be recognized as such and of the measures taken away from him"
Art. 48. Section 53 of the Act, replaced by the Act of 14 July 1987 and amended by the Acts of 6 May 1993 and 22 December 2003, are amended as follows:
1° the words "who asks for or has requested recognition of refugee status in accordance with Article 50, 50 bis or Article 51" are replaced by the words "who has applied for asylum in accordance with Articles 50, 50 bis, 50ter or 51";
2° the words "Article 52 or Article 52bis" are replaced by the words "Article 52/3, § 2, or Article 52/4".
Art. 49. In article 53bis of the same law, inserted by the law of 14 July 1987 and amended by the royal decree of 13 July 1992 and by the laws of 18 July 1991, 6 May 1993 and 15 July 1996, the words "article 52bis" are replaced by the words "article 52/4".
Art. 50. Section 54 of the Act, replaced by the Act of 6 May 1993 and amended by the Acts of 24 May 1994, 15 July 1996, 9 March 1998, 7 May 1999, 18 February 2003, 22 December 2003 and 27 December 2004, are amended as follows:
1° to § 1^erParagraph 1^erthe following amendments are made:
(a) at point 1°, the words "requested refugee status" are replaced by the words "requested asylum";
(b) at point 2°, the words "report refugees" are replaced by the words "reported asylum";
(c) at point 3°, the words "who have asked for refugee status" are replaced by the words "who have filed an asylum application";
(d) at point 4°, the words "who declared himself refugees" are replaced by the words "who introduced an asylum application";
2° to § 1^er, paragraph 2, the words "decision for recognition of refugee status" are replaced by the words "decision for recognition of refugee status or granting of subsidiary protection status";
3° to § 2, paragraph 1^er, the words "who has asked for refugee status" are replaced by the words "who has introduced an asylum application";
4° to § 3, paragraph 1^er, the words "who made the declaration or application referred to in articles 50, 50 bis and 51" are replaced by "who introduced a claim referred to in articles 50, 50 bis or 51";
5° in § 3, paragraph 2, the words "Article 52" are replaced by the words "Article 52/3" and the words "or when the Minister or his delegate or the Commissioner General for Refugees and Stateless Persons or one of his deputys decide that a review at the bottom of the asylum application is required" are replaced by the words "or when the Commissioner General for Refugees and Stateless Persons or a deputy
Art. 51. Section 55 of the Act, repealed by the Act of 15 July 1996, reinstated by the Act of 22 December 2003 and amended by the Act of 27 December 2004, are amended as follows:
1° § 1^er, 1^er the words "the declaration or application referred to in sections 50, 50 bis and 51" are replaced by the words "The asylum application referred to in sections 50, 50 bis and 51" and the words "his declaration or request" are replaced by "his claim".
2° In § 2, the words "a declaration or request made on the basis of articles 50, 50bis or 51" are replaced by "an application for asylum on the basis of articles 50, 50bis or 51".
Art. 52. Article 55/2, as follows, is inserted in the same law:
“Art. 55/2. A foreigner is excluded from refugee status when he falls under section 1^erSection D, E or F of the Geneva Convention. This is also the case for persons who are instigators of the crimes or acts listed in Article 1 F of the Geneva Convention, or who otherwise participate in it. "
Art. 53. Article 55/3, as follows, is inserted in the same law:
"Art. 55/3. A foreigner ceases to be a refugee when he falls under Article 1 C of the Geneva Convention. Pursuant to Article 1 C (5) and (6) of this Convention, it is appropriate to consider whether the change of circumstances is sufficiently significant and not provisional for the refugee's fear of persecution to no longer be considered to be justified. »
Art. 54. Article 55/4, as follows, is inserted in the same law:
"Art. 55/4. A foreigner is excluded from the status of subsidiary protection where there are substantial grounds for considering:
(a) that he has committed a crime against peace, a war crime or a crime against humanity as defined in international instruments to punish such crimes;
(b) that he was guilty of acts contrary to the purposes and principles of the United Nations as set out in the preamble and articles 1 and 2 of the Charter of the United Nations;
(c) he committed a serious crime;
Paragraph 1^er applies to persons who are instigators of or otherwise participate in the aforementioned crimes or acts. »
Art. 55. Article 55/5, as follows, is inserted in the same law:
"Art. 55/5. The subsidiary protection status granted to a foreigner ceases when the circumstances that justified the granting of such protection cease to exist or have evolved to such a extent that such protection is no longer necessary. In this regard, it is appropriate to consider whether the change in circumstances leading to the granting of subsidiary protection status is sufficiently significant and not provisional to avoid any real risk of serious breaches. »
Art. 56. Section 56 of the Act, repealed by the Act of 26 May 2005, is reinstated as follows:
"Art. 56. The alien to whom the subsidiary protection status is granted may only be removed from the Kingdom by a removal order made after the advice of the Aliens Advisory Commission or by an expulsion order, one taken in accordance with sections 20 to 26 of this Act.
In no case can the alien to whom the subsidiary protection status has been granted be removed to the country he fled because his life or freedom was threatened. »
Art. 57. Section 57 of the Act, replaced by the Act of 15 July 1996, is repealed.
Art. 58. Section 57/6, inserted by the Act of 14 July 1987 and amended by the Act of 15 July 1996, is replaced by the following provision:
"Art.57/6. The Commissioner-General for Refugees and Stateless Persons is competent to:
1° to recognize or refuse to recognize the refugee status, within the meaning of Article 48/3, and to grant or refuse to grant the subsidiary protection status defined in Article 48/4, to the foreigner referred to in Article 53;
2° in order not to take into consideration the request for recognition of refugee status within the meaning of Article 48/3 or to obtain subsidiary protection status within the meaning of Article 48/4, introduced by a foreigner from a Member State of the European Communities or by a foreigner from a State Party to a Treaty of Accession to the European Union that has not yet entered into force, where there is no clear breach of its declaration
3° to confirm or refuse to confirm the status of refugee abroad that meets the requirements of Article 49, § 1^er6°;
4° to repeal refugee status or subsidiary protection status on the basis of articles 55/3 and 55/5;
5° to exclude the alien referred to in article 53 from the benefit of refugee status or subsidiary protection status on the basis of articles 55/2 and 55/4;
6° to withdraw refugee status or subsidiary protection status abroad that should have been excluded on the basis of articles 55/2 and 55/4;
7° to withdraw refugee status or subsidiary protection status abroad to which refugee status has been recognized or to which subsidiary protection has been granted on the basis of facts that it has presented in an altered manner or that it has concealed, false statements or false or falsified documents that have been determinant in the granting of so-called statutes, as well as in the absence of personal persecution in the future
8° to issue to refugees and stateless persons the documents referred to in Article 25 of the International Convention on the Status of Refugees, signed in Geneva on 28 July 1951, and Article 25 of the Convention relating to the Status of Stateless Persons, signed in New York on 28 September 1954.
The decisions referred to in points 1 to 7 are motivated, indicating the circumstances of the case.
The decision referred to in paragraph 1^er, 2°, must be taken within five working days. »
Art. 59. Section 57/8 of the Act, inserted by the Act of 14 July 1987 and amended by the Acts of 6 May 1993 and 15 July 1996 are amended as follows:
1st paragraph 1^er is replaced by the following provision:
"Without prejudice to a notification to person, summonses and requests for information may be sent by the Commissioner-General for Refugees and Stateless Persons or his or her delegate to the elected domicile referred to in article 51/2, under a registered fold to the position or by carrier against acknowledgement of receipt. When the foreigner elected to his or her house, summonses and requests for information may also be sent by fax. »;
2° Paragraph 3 is replaced by the following provision:
"Decisions shall be notified to the person concerned by the Commissioner-General for Refugees and Stateless Persons in accordance with paragraph 1^er.
Paragraph 4 is repealed.
Art. 60. In section 57/9 of the Act, inserted by the Act of 14 July 1987, the following amendments are made:
1° Paragraph 1^er, the words "1° to 3°" are replaced by the words "1° to 7°".
2° In paragraph 2, the words "Article 57/6, 4°" are replaced by the words "Article 57/6, 8°".
Art. 61. Section 57/10 of the Act, inserted by the Act of 14 July 1987, is replaced by the following provision:
"Recognition or confirmation of refugee status or granting of subsidiary protection status may be denied to a foreigner who does not meet the obligation to elect a residence in Belgium, or does not present himself on the date set out in the summons and does not give any valid reason in that respect within fifteen days of that date or does not give rise to a valid request for information within the month following the sending of the subject and does not give. »
Art. 62. Section 58, paragraph 3, of the Act is replaced by the following provision:
"The authorisation to stay for more than three months in the Kingdom may be requested by the foreigner in accordance with the terms fixed by the King pursuant to Article 9, paragraph 2. »
Art. 63. In Article 61, § 2, 3°, of the same law, replaced by the law of 15 July 1996, the words "Article 10bis, paragraph 1^er"are replaced by the words "article 10bis, § 1^er".
Art. 64. It is inserted in Part II of the Act, a Chapter IV, comprising sections 61/2 to 61/5, entitled as follows:
“Chapter IV. - Aliens who are victims of the offence of trafficking in human beings within the meaning of Article 433quinquies of the Criminal Code or who are victims, in the circumstances referred to in Article 77quater, 1°, with regard to only unaccompanied minors, at 5°, of the offence of trafficking in human beings within the meaning of Article 77bis, and who cooperate with the authorities. »
Art. 65. Article 61/2, as follows, is included in the same Act:
"Art. 61/2. § 1^er. Where the police or inspection services have evidence that a foreigner is a victim of the offence referred to in section 433quinquies of the Criminal Code or a victim, in the circumstances referred to in section 77quater, 1°, with respect to only unaccompanied minors, at 5°, of the offence within the meaning of section 77bis, they shall immediately cooperate with the Minister or his delegate and inform the foreigner
§ 2. The Minister or his delegate delivers, to the foreigner referred to in § 1^er, which does not have a residence permit and is accompanied by a centre specialized in the reception of victims, recognized by the competent authorities, an order to leave the territory with a period of 45 days in order to give it the opportunity to introduce a complaint or make statements concerning persons or networks that would have been guilty of the offence referred to in article 433 quinquies of the Penal Code or, in the circumstances referred to in the meaning
The foreigner referred to in paragraph 1^er, who is less than eighteen years old and who has arrived in the Kingdom without being accompanied by a major foreigner responsible for him by law and has not been effectively taken over by such a person thereafter, or has been left alone after entering the Kingdom, is taken into possession of the provisional residence document provided for in Article 61/3, § 1^er. It is duly taken into account the best interests of the child during the entire procedure.
If the foreigner referred to in paragraph 1^er, has immediately filed a complaint or made statements concerning persons or networks who have allegedly committed the offence referred to in section 433quinquies of the Criminal Code or, in the circumstances referred to in section 77quater, 1°, in respect of only unaccompanied minors, at 5°, of the offence within the meaning of section 77bis, the specialized reception centre that provides its temporary assistance may request the Minister^er.
§ 3. The Minister or his or her delegate may, at any time, decide to terminate, within the time limit set out in § 2, if it is established that the foreigner has actively, voluntarily and on his or her own initiative, reconnected with the alleged perpetrators of the offence referred to in Article 433quinquies of the Criminal Code or the offence of trafficking of human beings within the meaning of Article 77bis, or if it is considered public or »
Art. 66. Article 61/3, as follows, is inserted in the same law:
"Art. 61/3. § 1^er. The Minister or his or her delegate shall issue a residence document for a term of up to three months, in the foreign country referred to in section 61/2, § 1^er, which introduced, within the time limit set out in section 61/2, paragraph 2, paragraph 1^era complaint or statement concerning persons or networks allegedly committed against the offence referred to in article 433quinquies of the Criminal Code or, in the circumstances referred to in article 77quater, 1°, with respect to only unaccompanied minors, at 5°, of the offence within the meaning of article 77bis.
The King determines the model of the provisional residence document.
§ 2. The Minister or his delegate requests the Crown Prosecutor or the Labour Auditor to inform the Minister before the expiry of the validity of the residence document issued in accordance with § 1^erthat the foreigner concerned may always be considered a victim of the offence referred to in Article 433quinquies of the Criminal Code or, in the circumstances referred to in Article 77quater, of the offence within the meaning of Article 77bis, that the investigation or judicial procedure is still under way, that the foreigner concerned manifests a clear will for cooperation and that he has broken any connection with the alleged perpetrators of that offence.
The provisional residence document referred to in paragraph 1^er, may be extended for a period of up to three months, if the investigation requires it or if the Minister or his or her delegate considers it appropriate, taking into account the elements of the record.
§ 3. The Minister or his or her delegate may, at any time, decide to terminate this residence permit if it is established that the foreigner has actively, voluntarily and on his or her own initiative, reconnected with the alleged perpetrators of the offence referred to in section 433quinquies of the Criminal Code or section 77bis, or if he or she is considered to compromise public order or national security.
§ 4. The foreigner must try to prove his or her identity by presenting his or her passport or travel document taking place or national identity card. »
Art. 67. Article 61/4, as follows, is inserted in the same law:
"Art. 61/4. § 1^er. The Minister or his delegate authorizes the alien referred to in section 61/3, § 1^erat the stay for a period of six months, when the King's Prosecutor or Labour Auditor has confirmed to him that the investigation or judicial proceedings are still under way, that the foreigner manifests a clear willingness to cooperate and provided that the latter has broken any connection with the alleged perpetrators of the offence referred to in Article 433quines of the Criminal Code or Article 77bis, and is not considered public to compromise the security of the offence.
Registration in the register of aliens and the issuance of the residence permit that is authentic shall take place in accordance with the provisions of Article 12. The validity of the residence permit and its extension or renewal shall be determined by Article 13, paragraph 2.
§ 2. During the period of validity of the residence permit or during its extension or renewal, the Minister or his or her delegate may terminate the residence of the foreigner and, where applicable, order him or her to leave the territory, if he or she finds that:
1° the foreigner has actively, voluntarily and on his own initiative, reconnected with the alleged perpetrators of the offence referred to in Article 433quinquies of the Criminal Code or Article 77bis;
2° the foreigner ceased to cooperate;
3° The judicial authorities decided to terminate the proceedings.
Paragraph 1^er is also applicable where the Minister or his delegate considers the foreigner to be in jeopardy of public order or national security or, in cooperation with the judicial authorities, considers that the foreigner's cooperation is fraudulent or that his complaint is fraudulent or unfounded. "
Art. 68. Article 61/5, as follows, is inserted in the same law:
"Art. 61/5. The Minister or his delegate may authorize the indefinite stay of the alien who is the victim of the offence referred to in section 433quinquies of the Criminal Code or the victim, in the circumstances referred to in section 77quater, 1°, with respect to only unaccompanied minors, at 5°, of the offence within the meaning of section 77bis, where his statement or complaint resulted in a conviction or if the Prosecutor of the King »
Art. 69. Chapter Ierbis of the Act, containing sections 63/2 to 63/5, is repealed.
Art. 70. Articles 64, 65, 66, subparagraphs 1^er and 2, and 67, of the same law, are repealed.
Art. 71. Article 68, paragraph 1^er, of the same law, amended by the laws of 6 May 1993, 15 July 1996 and 18 February 2003, the words "52bis, paragraph 3", are replaced by the words "52/4, paragraph 3" and the reference to Article 63/5, paragraph 3, and Article 67 is deleted.
Art. 72. Article 74/4bis, § 2, amended by the laws of 15 July 1996 and 18 February 2003, is replaced by the following provision:
Ҥ2. The amount of the administrative fine shall be refunded when the Commissioner-General for Refugees and Stateless Persons or the Aliens Litigation Council recognizes the refugee status or grants the subsidiary protection status to a foreign country that is not in possession of the documents required under Article 2 and that has filed an application for asylum on the border.
The amount of the administrative fine shall also be refunded if the person concerned has temporary protection in accordance with the provisions of Chapter IIbis. »
Art. 73. In section 74/5 of the Act, inserted by the Act of 18 July 1991 and amended by the Acts of 15 July 1996, 9 March 1998 and 29 April 1999, the following amendments are made:
1° to § 1^er, 2°, the words "who declares himself a refugee and asks, at the border, to be recognized as such" are replaced by the words "and who introduces an asylum application at the border".
2° to § 3, the following amendments are made:
(a) in paragraph 1^er, at point 1°, the words "of a decision to refuse an enforceable entry or a confirmed decision to refuse an enforceable entry" are deleted;
(b) in paragraph 1^erat point 2°, the words "of the decision or" are deleted;
(c) a paragraph 5 is inserted, as follows:
"The duration of the stay is suspended ex officio during the period used to lodge an appeal with the Aliens Litigation Council, as provided for in article 39/57. When a review period is granted to the Commissioner-General for Refugees and Stateless Persons to review the new elements, in accordance with Article 39/76, § 1^er, before the last paragraph, the duration of the maintenance is also suspended ex officio for up to one month. »
3° to § 4, the following amendments are made:
(a) at point 1°, the words "no decision or" are deleted;
(b) at point 2°, the words "of a decision or" are deleted;
(c) a point 4° is inserted, as follows:
"4° the foreigner who is recognized as a refugee or to whom the subsidiary protection status is granted. »;
4° § 5, paragraph 2, is replaced as follows:
"The decision to refuse refugee status or subsidiary protection status taken in accordance with Article 52, § 1^eragainst the foreigner referred to in § 1^er, 2°, which is admitted to enter the Kingdom, is assimilated in full right to a decision to refuse refugee status within the meaning of Article 52, § 2. »;
5° in § 5, paragraph 3, the words "or decision to refuse to stay" are deleted;
6° § 6 is replaced by the following provision:
“§ 6. If the foreigner referred to in § 1^er, 2°, leaves the place where it is maintained, without authorization, during the period during which an appeal may be filed with the Aliens Litigation Council or during the period of the examination of that appeal, the decision to refuse refugee status or subsidiary protection status made in accordance with Article 52, § 1^er, is in full right assimilated to a decision to refuse refugee status or subsidiary protection status within the meaning of Article 52, § 2.
In all cases, the decision to refuse entry to the territory is considered to be in full right to a decision to refuse to stay. »
Art. 74. In section 74/6 of the Act, inserted by the Act of 6 May 1993 and amended by the Acts of 15 July 1996 and 29 April 1999, the following amendments are made:
1° to § 1^er, the words "and which, under section 52, is denied access to national territory or authorization to stay in the Kingdom as a refugee candidate," are replaced by the words "and which, under section 52, is denied refugee status or subsidiary protection status by the Commissioner-General for Refugees and Stateless Persons";
2° it is inserted a § 1^erbis, as follows:
« § 1^erbis. A foreigner who has entered the Kingdom without meeting the conditions set out in section 2 or whose stay has ceased to be regular, and who makes an application for asylum, may be maintained by the Minister or his delegate in a specified place to ensure the effective removal of the territory, where:
1° the foreigner has been returned or expelled from the Kingdom for less than 10 years and this measure has not been suspended or reported; or
2° the foreigner, after leaving his country or after the fact that he had led him to stay away, resided more than three months in a third country, without fear within the meaning of Article 1^er, A(2) of the Geneva Convention, as determined in Article 48/3 and without serious reasons, which prove the real risk of a serious breach as determined in Article 48/4; or
3° the foreigner has, after leaving his country or after the fact that he has led him to stay away from it, resided in several third countries for a total duration of more than three months, without fear within the meaning of Article 1^er, A (2), of the Geneva Convention, as determined in Article 48/3 and without serious grounds that prove the real risk that a serious breach of article 48/4 is committed; or
4° the foreigner is in possession of a valid transport ticket to a third country, provided that he has travel documents allowing him to continue his journey to that country; or
5° the foreigner has, without justification, submitted his application after the expiry of the period specified in Article 50, paragraph 1^er50 bis, paragraphs 2 or 51, paragraph 1^er or 2, or has not satisfied, without justification, the obligation to submit pursuant to section 51/6, paragraph 1^eror 51/7, paragraph 2; or
6° the foreigner voluntarily subtracted from a procedure initiated at the border; or
7° the foreigner referred to in Article 54, § 1^erParagraph 1^er, for at least fifteen days, is exempted from the obligation of submission whose terms are determined by a royal decree deliberated in the Council of Ministers; or
8° the foreigner did not apply at the time when the border control authorities questioned him about the reasons for his arrival in Belgium and did not provide any justification for it; or
9° the foreigner has already introduced another asylum application; or
10° the foreigner refuses to communicate his identity or nationality, provides false information to establish his identity or nationality, or has submitted false or falsified travel or identity documents; or
11° the foreigner destroyed or disposed of a travel or identity document that could help to see his identity or nationality; or
12° the foreigner shall apply for asylum with the aim of deferring or defrauding the execution of a previous or imminent decision to lead to his removal; or
13° the foreigner obstructs the taking of fingerprints referred to in Article 51/3; or
14° the foreigner failed to declare that he had already filed an application for asylum in another country when he introduced his asylum application; or
15° the foreigner refuses to file the declaration referred to in section 51/10, paragraph 1^er. »
3° In § 2, the following amendments are made:
(a) in paragraph 1^er, the word "§ 1" is replaced by the words "§ 1 and 1bis", the words "or a confirmation decision of refusal of an enforceable stay," are deleted and the words "after the decision of refusal of a stay has become enforceable" are inserted between the words "in the seven working days" and the words ", which they are pursued with all the necessary diligence";
(b) a paragraph 5 is inserted, as follows:
"The duration of the stay is suspended ex officio during the period used to lodge an appeal with the Aliens Litigation Council, as provided for in article 39/57. When a review period is granted to the Commissioner-General for Refugees and Stateless Persons to review the new elements, in accordance with Article 39/76, § 1^er, last paragraph, the retention period is also suspended ex officio for up to one month. »
Art. 75. In section 74/8 of the Act, inserted by the Act of 15 July 1996, the following amendments are made:
1° to § 1^er, the words "74/6, § 1^er"are replaced by the words "74/6, §§ 1^er and 1^erbis
2° to § 4, paragraph 2, the words "as well as to Royal Decree No. 34 of 20 July 1967 concerning the occupation of workers of foreign nationality" are replaced by the words "as well as the law of 30 April 1999 concerning the occupation of foreign workers".
CHAPTER III. - Transitional provisions
Art. 76. § 1^er. From its entry into force, this Act is applicable to all situations covered by its provisions.
§ 2. It is however derogated from the principle mentioned in § 1^er in the following cases:
1° Sections 9bis and 9ter of the Act of 15 December 1980 apply to applications filed after the coming into force of the Act.
2° With the exception of its point 4°, Article 11, § 2, of the Law of 15 December 1980, inserted by Article 9 of this Law, is applicable to foreigners admitted to stay after the date of entry into force of this Law.
3° Sections 13 and 14 of this Act apply to foreigners who apply for settlement authorization after the effective date of this Act.
Art. 77. § 1^er. From the date to be determined by Royal Decree, the provisions relating to the status of subsidiary protection are applicable to all claims under processing or which are filed with the Minister or his delegate and the Commissioner-General for Refugees and Stateless Persons, provided that such claims are processed in accordance with the procedure applicable before the coming into force of this Act. When the Commissioner-General for Refugees finds that the conditions for the subsidiary protection status referred to in section 48/4 of the Act of 15 December 1980 are met, he shall grant such status.
§ 2. The alien whose asylum procedure was terminated before the date fixed in accordance with § 1^er cannot invoke Directive 2004/83/EC and its transfer into Belgian law, as a new element within the meaning of Article 51/8 of the Act of 15 December 1980, unless the application is based on elements that may give rise to the granting of subsidiary protection within the meaning of Article 48/3 of the Act of 15 December 1980.
§ 3. The foreigner to whom the Commissioner-General for Refugees and Stateless Persons has rendered, before the date set out in § 1^erpursuant to section 63/5, paragraph 4, of the Act of 15 December 1980, a notice that the reappointment of that alien to the border of the country he fled would result in a danger to his life, physical integrity or freedom, or to the foreigner in respect of which the Commissioner-General for Refugees and stateless persons rendered a similar opinion in the context of a decision to refuse recognition of refugee status on the basis of article 57^er1°, of the law of 15 December 1980, is, from the date referred to in § 1^er, after finding his identity and at his request, placed in possession of a residence permit as a beneficiary of the subsidiary protection status, in accordance with Article 49/2, § 2, of the law of 15 December 1980, provided that he did not leave the Belgian territory after the end of the asylum procedure, that the danger in the event of deportation is still present and that the foreigner does not pose a risk to the national order or public order.
In the absence of identity documents, the foreigner may opt for a comparison of his fingerprints by the minister or his delegate with that taken in accordance with section 51/3 of the Act of 15 December 1980.
Where the Minister or his delegate has doubts as to the news of the notice rendered pursuant to section 63/5, paragraph 4, of the Act of 15 December 1980, or of a similar opinion rendered in the context of a decision to refuse recognition of refugee status on the basis of section 57/6, paragraph 1^er, 1°, of the Act of 15 December 1980, he must ask the Commissioner-General for Refugees and Stateless Persons to give him an opinion on this matter.
The foreigner concerned must apply to the bursary of the place of his residence, which will forward it to the Minister or his delegate. After having found that the conditions set are met, it will give the instruction to issue the residence permit provided for in Article 49/2, § 2, of the law of 15 December 1980 to the foreigner concerned.
CHAPTER IV. - Entry into force
Art. 78. With the exception of this section, the other provisions of this Act shall enter into force on the dates fixed by the King and no later than the first day of the thirteenth month following that in which it was published in the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Châteauneuf-de-Grasse, September 15, 2006.
ALBERT
By the King:
Deputy Prime Minister and Minister of the Interior,
P. DEWAEL
The Minister of Public Service, Social Integration, the Policy of the Great Cities and the Equality of Chances,
C. DUPONT
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Note
Documents of the House of Representatives:
DOC 51 2478 (2005/2006)
Number 1: Bill.
Number 2: Annexes.
n^bones 3-7: Amendments.
Number 8: Report.
No. 9: Text corrected by the commission.
No. 10: Text adopted in plenary and transmitted to the Senate.
Full report: 12 July 2006.
(2) Documents of the Senate:
3-1786 - 2005/2006
Number 1: Project referred to by the Senate.
No. 2: Amendments.
Number three: Report.
No. 4: Decision not to amend.
Annales du Sénat : July 14, 2006.