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Act Amending The Act Of 15 December 1980 On Access To The Territory, Residence, Establishment And Removal Of Foreigners (1)

Original Language Title: Loi modifiant la loi du 15 décembre 1980 sur l'accès au territoire, le séjour, l'établissement et l'éloignement des étrangers (1)

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belgiquelex.be - Carrefour Bank of Legislation

18 MARCH 2003. - 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 Ier. - General provisions
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. This Act transposes Directive 2001/55/EC of the Council of the European Union of 20 July 2001 on minimum standards for the granting of temporary protection in the event of a massive influx of displaced persons and measures to ensure a balance between the efforts made by the Member States to accept these persons and to bear the consequences of this reception, in the law of 15 December 1980 on access to territory, residence, foreign establishment and residence.
CHAPTER II. - Amendments to the Act of 15 December 1980 on access to territory, residence, establishment
and the removal of aliens
Art. 3. It is included in the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens, an article 50bis, which reads as follows:
"Art. 50bis. The beneficiary of the temporary protection referred to in section 57/29 may, at any time, make a declaration or apply for recognition of his refugee status to one of the authorities designated by the King pursuant to section 50, paragraph 1er.
A foreigner who has been granted temporary protection under section 57/29 and who wishes to obtain refugee status must make his or her statement or apply for refugee recognition to one of the authorities designated by the King pursuant to section 50, paragraph 1erwithin eight working days after the end of the temporary protection regime in one of the cases provided for in Article 57/36, § 1er.
The authority to which the alien referred to in paragraph 1er or 2, shall make its statement in writing and shall bring it to the attention of the Minister or his delegate, who shall immediately inform the Commissioner-General of refugees and stateless persons. »
Art. 4. Article 51/5, § 1er, of the same Act, inserted by the Act of 15 July 1996, is supplemented by the following paragraph:
“ Notwithstanding paragraphs 1er and 2, the Minister or his or her delegate shall examine the application by a beneficiary of the temporary protection authorized to stay in the Kingdom. »
Art. 5. It is included in heading II, chapter II, section 1reArticle 51/9 of the same Act reads as follows:
"Art. 51/9. The examination of the asylum application of a foreign beneficiary of temporary protection referred to in Chapter II bis shall be suspended until the temporary protection regime is terminated in one of the cases provided for in Article 57/36, § 1er. »
Art. 6. Article 52, § 4, 1°, of the same law, as amended by the law of 15 July 1996, is replaced by the following provision:
"1° if the foreigner has, without justification, submitted his application when the residence or institution has ceased to be regular or after the expiry of the time limit set out in Article 50 bis, paragraph 2, or if he has not satisfied, without justification, the obligation to submit in accordance with Article 51/6, paragraph 1eror article 51/7, paragraph 2; »
Art. 7. Article 54, §§ 1er and 2, of the Act, replaced by the Act of 6 May 1993 and amended by the Acts of 24 May 1994, 15 July 1996 and 7 May 1999, is amended as follows:
1° § 1erParagraph 1er, is completed as follows:
"6° which are allowed to stay in the Kingdom on the basis of Article 57/30, § 1eror section 57/34. »
2° § 1erParagraph 2 is replaced by the following provision:
"The designation of a mandatory place of registration lasts until the decision to recognize the refugee status or until the order to leave the territory is executed. »
3° § 2 is replaced by the following provision:
Ҥ2. In serious circumstances, if the Minister considers it necessary to safeguard public order or national security, the Minister may apply to a foreign country that has requested the refugee status to reside in a specified place while his application is under review.
In exceptionally serious circumstances, the Minister may make the person concerned provisionally available to the Government if he considers it necessary to safeguard public order or national security. »
Art. 8. It is inserted in title II of the same law, a chapter IIbis, entitled "Chapter IIbis - Beneficiaries of temporary protection, on the basis of Directive 2001/55/EC of the Council of the European Union of 20 July 2001 on minimum standards for the granting of temporary protection in the event of a massive influx of displaced persons and measures to ensure a balance between the efforts made by the Member States to accept these consequences".
Art. 9. It is inserted in title II, chapter IIbis, of the same Act, section 57/29, as follows:
"Art. 57/29. § 1er. In the event of massive influx or imminent massive influx of displaced persons to the Member States of the European Union, noted by a decision of the Council of the European Union pursuant to Directive 2001/55/EC of the Council of the European Union of 20 July 2001, relating to minimum standards for granting temporary protection in the event of a massive influx of displaced persons and measures to ensure a balance between the efforts made by the States
§ 2. Subject to the application of Article 57/32 and unless a decision of the Council of the European Union adopted in accordance with Directive 2001/55/EC of the Council of the European Union of 20 July 2001 referred to in § 1er, does not end the temporary protection previously, it is granted to persons subject for a period of one year from the date of implementation of temporary protection and is automatically extended, by six months, for a second period of one year.
This total period of two years may be extended by a new decision of the Council of the European Union adopted in accordance with Directive 2001/55/EC of the Council of the European Union of 20 July 2001 referred to in § 1er, for a new period of up to one year. »
Art. 10. It is inserted in title II, chapter IIbis, of the same law, an article 57/30, which reads as follows:
"Art. 57/30. § 1er. Subject to the application of § 2 or section 57/32, the Minister or his delegate authorizes the beneficiary of the temporary protection referred to in section 57/29 to stay for a period of one year. This authorization is renewed, by six-month periods, until temporary protection is terminated in one of the cases provided for in Article 57/36, § 1er. The duration of the authorization may, however, be reduced to the remaining period of time before the automatic end of the temporary protection implemented by the decision of the Council of the European Union referred to in Article 57/29, § 1er, or extended by the decision of the Council of the European Union referred to in Article 57/29, § 2, paragraph 2.
The King determines the procedure for the introduction of the application for this residence permit, by order deliberately in Council of Ministers.
When applying for a residence permit, a document is submitted to the beneficiary of temporary protection in a language that he/she understands, in which the provisions on temporary protection that apply to him/her are clearly set out.
Registration in the register of aliens of the beneficiary of the temporary protection authorized for the stay and the issuance of the residence permit in accordance with the provisions of Article 12.
The issued residence permit is valid until the expiry of the authorization. It is extended or renewed, at the request of the person concerned, by the municipal administration of the place of residence, provided that the application was filed before the expiry of the title and provided that the Minister or his delegate did not terminate the authorization on the basis of Article 57/32, § 1eror Article 57/36, § 2.
The King shall determine the time and conditions in which the renewal or extension of the residence permit must be requested.
§ 2. The Minister or his or her delegate may refuse residence authorization to the beneficiary of the temporary protection referred to in section 57/29:
1° where the application for permission to stay is filed abroad and the number of persons receiving temporary protection in the Kingdom exceeds the capacity of Belgium specified in the decision of the Council of the European Union referred to in Article 57/29, § 1er;
2° where the latter is authorized to stay in another Member State of the European Union required to apply the decision of the Council of the European Union referred to in Article 57/29, § 1erwithout prejudice to the provisions of Article 57/35.
Paragraph 1er, 1°, is not applicable to foreigners enjoying the provisions of Article 57/34.
In case of refusal of residence permit on the basis of paragraph 1er, 1°, the Minister or his delegate shall ensure that the beneficiary of temporary protection is welcomed as soon as possible in another Member State of the European Union required to apply the decision of the Council of the European Union referred to in Article 57/29, § 1er. »
Art. 11. It is inserted in title II, chapter IIbis, of the same law, an article 57/31, which reads as follows:
"Art. 57/31. A foreigner who is granted temporary protection under section 57/29 may be subject to fingerprinting.
The fingerprints are taken on the initiative of the minister or his delegate and can only be used as they are necessary to establish the identity of the foreigner.
Section 51/3, paragraphs 4 and 5, apply to the fingerprints of the beneficiaries of temporary protection under section 57/29. »
Art. 12. It is inserted in title II, chapter IIbis, of the same law, an article 57/32, which reads as follows:
"Art. 57/32. § 1er. The Minister or his delegate may exclude from the benefit of temporary protection and, as the case may be, deny access to the territory of the Kingdom or decide that the foreigner invoking the benefit of such protection may not or may no longer stay in that capacity, in one of the following cases:
1° if there are serious reasons to believe that this alien has committed a crime against peace, a war crime or a crime against humanity, within the meaning of international conventions binding Belgium;
2° if there are serious reasons to believe that this alien committed a serious crime of common law outside the Belgian territory before being admitted as a beneficiary of temporary protection.
The seriousness of the persecution to which it is expected must be considered in relation to the nature of the crime suspected by the person concerned. Particularly cruel actions, even if committed with a so-called political objective, may receive the qualification of serious crimes of common law. This applies to crime participants as well as to the instigators of the crime;
3° if there are serious reasons to believe that this alien was guilty of acts contrary to the purposes and principles of the United Nations;
4° if there are reasonable grounds to believe that this alien is a danger to national security or that the final conviction for a particularly serious crime or offence makes him a threat to public order.
The exclusion decision is based exclusively on the personal behaviour of the foreigner and respects the principle of proportionality.
§ 2. In serious circumstances, if the Minister considers it necessary to safeguard public order or national security, the Minister may enjoin the person concerned to reside in a specified place.
In exceptionally serious circumstances, the Minister may make the person concerned provisionally available to the Government if he considers it necessary to safeguard public order or national security. »
Art. 13. It is inserted in title II, chapter IIbis, of the same law, article 57/33, as follows:
"Art. 57/33. Subject to a bilateral agreement binding on Belgium, where the foreigner authorized to stay in the Kingdom as a beneficiary of temporary protection on the basis of Article 57/30 tries to enter or is irregularly located in another Member State of the European Union required to apply the decision of the Council of the European Union referred to in Article 57/29, § 1er, the Minister or his or her delegate is required to take over him or her, even if the term of validity of the residence permit expires.
The foreigner must, upon entering the Kingdom or within eight working days after the Kingdom, submit to the Minister or his or her delegate, who shall give notice in writing. »
Art. 14. It is inserted in title II, chapter IIbis, of the same law, article 57/34, as follows:
"Art. 57/34. § 1er. The Minister or his or her delegate shall grant the residence permit of more than three months to the foreign spouse of a foreigner authorized to stay in the Kingdom as a beneficiary of the temporary protection on the basis of section 57/30, and to the unmarried minor children of either person, who so request, provided that the person concerned is not in one of the cases provided for in section 3, paragraph 1er, 5° to 8°, or, in respect of family members referred to in § 4, in one of the cases provided for in Article 57/32, § 1er.
The Minister or his delegate may grant permission to stay for more than three months to other relatives close to a foreigner authorized to stay in the Kingdom as a beneficiary of temporary protection on the basis of Article 57/30, who lived within the family unit at the time of the events that led to the massive influx of displaced persons referred to in Article 57/29, § 1er, and were then wholly or principally at the expense of that alien.
§ 2. The King determines the procedure for the introduction of the application for this residence permit, by order deliberately in the Council of Ministers.
§ 3. Members of the family allowed to stay on the basis of § 1er are placed in possession of a residence permit of the same validity period as the foreigner they join. This residence permit is extended or renewed under the same conditions.
§ 4. Provisions relating to beneficiaries of temporary protection apply to family members authorized to stay on the basis of § 1er, with the exception of family members who do not require protection.
§ 5. Subject to the provisions of section 57/35, the Minister or his or her delegate may refuse permission to stay abroad referred to in § 1er where the latter is authorized to stay in another Member State of the European Union required to apply the decision of the Council of the European Union referred to in Article 57/29, § 1er. »
Art. 15. It is inserted in title II, chapter IIbis, of the same law, article 57/35, as follows:
"Art. 57/35. § 1er. Upon arrival of a beneficiary of the temporary protection referred to in Article 57/29, § 1er, in the territory and as long as the Minister has consented to it, the Minister or his delegate may apply to another Member State of the European Union required to apply the decision of the Council of the European Union referred to in Article 57/29, § 1erfor the purpose of transferring this person to the territory of that State.
At the request of this Member State of the European Union, the Minister or his delegate will provide information relating to the beneficiary of the temporary protection that is necessary to process the request for transfer, that is, the personal data relating to the foreign national concerned, its identity and travel documents, the documents attesting to the existence of family ties, the other data necessary to establish the identity of the delegated person or his or her parents
§ 2. When the separated members of the family, within the meaning of Article 57/34, of a foreigner authorized to stay in the Kingdom as a beneficiary of temporary protection on the basis of Article 57/30, shall be granted temporary protection referred to in Article 57/29, in another Member State or in various other Member States of the European Union, the Minister or his delegate may, taking into account the wishes of the persons concerned, seize that Member State or any such purpose
The provisions of § 1erParagraph 2 also applies in this context.
§ 3. Where a foreigner authorized to stay in the Kingdom as a beneficiary of temporary protection on the basis of section 57/30 must be transferred to another Member State, the Minister or his delegate may withdraw the residence permit issued to him and order him to leave the territory. It may also require the State to submit to the competent authorities of that State before a specified date.
§ 4. When a foreigner receiving temporary protection referred to in section 57/29, in another Member State must be transferred to Belgium, the foreigner must, upon entering the Kingdom or at least within eight working days after the latter, submit to the Minister or his delegate, who shall give notice in writing. »
Art. 16. It is inserted in title II, chapter IIbis, of the same law, article 57/36, as follows:
"Art. 57/36. § 1er. The temporary protection regime is terminated when the maximum duration of Article 57/29, § 2, has been reached or the date fixed by a decision of the Council of the European Union ending temporary protection, adopted in accordance with Directive 2001/55/EC of the Council of the European Union of 20 July 2001 referred to in Article 57/29, § 1er.
§ 2. The Minister or his delegate may, where the temporary protection regime ends in the cases provided for in § 1er, terminate the authorization to stay for more than three months in the Kingdom granted to the beneficiary of temporary protection on the basis of Article 57/30, to withdraw the residence permit issued and, subject to the application of the provisions of Chapter II, to order him to leave the territory.
It may take the same measure with respect to family members who have been allowed to stay in the Kingdom on the basis of section 57/34. The order to leave the territory indicates that the provisions of this article have been applied and the period in which the alien must leave the territory shall not be less than one month.
The Minister or his or her delegate extends the residence permit of a foreigner who has been granted temporary protection when it cannot reasonably be expected, because of his or her state of health, that he or she travels.
The Minister or his or her delegate may further extend the residence permit of a foreigner who has been granted temporary protection when the foreigner is a family whose minor children continue schooling in the Kingdom, in order to allow them to complete the current school year.
In the cases referred to in the preceding paragraphs, the provisions relating to beneficiaries of temporary protection are no longer applicable.
Art. 17. Section 63, paragraph 3, of the Act, replaced by the Act of 6 May 1993, is repealed.
Art. 18. In section 68, paragraph 1er, of the same law, amended by the laws of 6 May 1993 and 15 July 1996, the enumeration of the articles is supplemented by the reference to the article "57/32, § 2, paragraph 1er "
Art. 19. Article 74/4bis, § 2, paragraph 1er, of the same law, inserted by the Act of 8 March 1995 and amended by the Act of 15 July 1996, is supplemented by the words "or where the foreigner is granted temporary protection under the provisions of Chapter IIbis. "
CHAPTER III. - Entry into force
Art. 20. With the exception of this section, this Act comes into force on the date to be determined by the King by deliberate order in Council of Ministers.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 18 February 2003.
ALBERT
By the King:
The Minister of the Interior,
A. DUQUESNE
Minister of Social Integration,
J. VANDE LANOTTE
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Regular session 2002-2003.
House of Representatives:
Parliamentary documents. - Bill No. 2044/1. - Report, no. 2044/2. - Text adopted in plenary and transmitted to the Senate, No. 2044/3.
Annales parliamentarians. - Discussion and adoption. Session of November 28, 2002.
Senate
Parliamentary documents. - Bill referred to by the Senate, No. 1367/1. - Report, no. 1367/2. - Text reformed by the commission, no. 1367/3. - Decision not to amend, No. 1367/4.
Annales parliamentarians. - Discussion and adoption. Session of January 23, 2003.