The Belgian Council of State has suspended the decision of the Minister of Asylum and Migration to limit material reception conditions for applicants for international protection who have already obtained protection in another EU Member State. In its judgment No. 267.364 of 8 July 2026, the Council of State suspended the measure following an urgent appeal introduced by several organisations active in the field of asylum and migration. The decision concerns a measure adopted following the entry into application of the European Pact on Migration and Asylum on 12 June 2026.

A draft law introducing the possibility of home searches to enforce return decisions has begun its parliamentary examination in the House of Representatives. The measure would concern certain third-country nationals subject to an enforceable return decision who do not cooperate with their return and are considered to pose a risk to public order or national security. Discussed by the Committee on Home Affairs on 16 June 2026, the proposal will be subject to consultations with experts and stakeholders before the committee continues its examination.

Belgium has taken up its role as Co-Chair of the EMN Return Expert Group (REG), together with the European Commission. In this capacity, EMN Belgium hosted a plenary meeting of the REG on 16 June 2026 in Brussels.

On 23 April 2026, the Belgian Chamber of Representatives adopted a bill introducing the possibility of imposing a lifetime entry ban on certain foreign nationals. The measure concerns individuals registered in the national database on terrorism, extremism and radicalisation and amends the Law of 15 December 1980 on access to the territory, residence, establishment and removal of foreign nationals.

Belgian Minister for Asylum and Migration Anneleen Van Bossuyt is carrying out a visit to the Democratic Republic of Congo. The visit takes place in the context of a marked increase in asylum applications from Congolese nationals in Belgium in recent years. The mission aims to discourage unfounded asylum applications, address the misuse of visa procedures, counter document fraud and misleading messages from smugglers, and strengthen cooperation on return and the fight against irregular migration. 

On 9 April 2026, the European Court of Human Rights delivered its judgment in M.V. and Others v. Belgium and held that Belgium had violated several provisions of the European Convention on Human Rights in relation to the reception conditions of four applicants for international protection.

Belgium and Algeria have signed two linked agreements, one on the readmission of irregularly staying Algerians and another providing a visa exemption for holders of Algerian diplomatic and service passports. The readmission agreement introduces measures to speed up identification, extend the validity of travel documents, allow the return of multiple individuals on the same flight, and permit the use of Algerian escorts during enforced returns.

The Belgian Council of State has suspended a ministerial instruction that systematically limited material assistance to international protection applicants who had already obtained protection in another EU Member State. The court ruled that the instruction exposed these individuals to the risk of severe hardship and potential homelessness. It also noted that, due to its regulatory character, the instruction should have been submitted for review by the Council of State’s Legislation Section.

Belgium plans to progressively return several defence sites used for the reception of applicants for international protection to military use as part of a broader plan to expand defence infrastructure towards 2040. The measure concerns around 4.000 reception places located on military premises across the country. Authorities state that the reduction in capacity can be absorbed within the existing reception network. The transition will take place gradually, with closures scheduled at different times depending on the site.

The Netherlands has decided to resume Dublin transfers of single, non-vulnerable male asylum seekers to Belgium, following a period in which such transfers were suspended after a Dutch court ruling. In April 2025, the District Court of The Hague, sitting in Groningen, found that single male asylum seekers risked being deprived of adequate reception conditions in Belgium, which could expose them to inhumane or degrading treatment. The ruling led to a halt in transfers under the EU Dublin system.

Myria, the Federal Migration Centre, has advised against a draft law proposing to remove the legal possibility of activating a mandatory distribution plan for reception places in times of crisis. The plan allows the federal government to require municipalities to provide local reception initiatives according to objective allocation criteria. Myria stresses that this mechanism is important to safeguard human dignity and the right to reception, particularly during periods of structural shortages. 

CIRÉ, together with partner organisations, has lodged an urgent appeal at the Council of State challenging a ministerial instruction that continues to exclude asylum seekers who have already been granted protection in another EU member state from reception facilities. The move follows a recent temporary suspension of the measure by the Constitutional Court. CIRÉ argues the instruction undermines judicial authority and the rule of law.

The European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) has adopted its position on the proposed changes to the EU’s policy on the return of non-EU nationals illegally staying in the EU. Among the key measures, third-country nationals with a return decision must cooperate with authorities, may be returned to an agreeing third country, and could face detention of up to 24 months if they do not cooperate or risk absconding. The vote now moves to the full Parliament for approval, paving the way for negotiations with the Council on the final form of the legislation.

The Court of Justice of the European Union (CJEU) has ruled on how maximum detention periods should be calculated for third-country nationals subject to return procedures. It confirmed that all periods of detention related to the same return decision must be aggregated, even if separated by periods of liberty. The Court also clarified that exceeding the initial six-month detention limit requires judicial review, which must be conducted as soon as possible after an extension decision.

The Belgian Constitutional Court has temporarily suspended legislative measures introduced in 2025 that tightened rules on material reception conditions for asylum seekers and family reunification for beneficiaries of subsidiary protection. The suspensions concern two separate laws, and the Court has referred several preliminary questions to the Court of Justice of the European Union (CJEU) to clarify their compatibility with EU law.

Civil society organisations, as highlighted by Vluchtelingenwerk Vlaanderen, have urged the federal government to abandon the draft law allowing home searches for enforcement of return decisions, citing serious concerns raised by the Council of State. The draft law, first adopted by the Council of Ministers in July 2025, has faced scrutiny from several advisory bodies, including Myria, the Children’s Rights Delegate, and the Data Protection Authority. Municipal motions in various cities, including Brussels, Verviers, and La Hulpe, have also questioned its provisions.

Fedasil has released its management plan for 2025–2030. Approved in December 2025 and submitted by Director General Pieter Spinnewijn to the Minister for Asylum and Migration, the plan sets out the Agency’s priorities, including restoring the core functioning of the reception system, strengthening its capacity to respond to fluctuations in the number of applicants to be accommodated, and improving the quality, resilience, and effectiveness of services.

A joint initiative coordinated by the Platform for International Cooperation on Undocumented Migrants (PICUM) has brought together over 100 organisations across Europe to urge EU institutions to reject the proposed Return Regulation. The statement, issued on 11 February 2026, highlights concerns that the regulation could expand immigration detention, limit access to essential services, and increase surveillance and control over people in an irregular situation. The European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) is scheduled to vote on the proposal in early March 2026.

On 3 February 2026, Fedasil published its statistics on voluntary returns for 2025. A total of 3.122 people chose to return to their country of origin. The number is slightly lower than in 2024 but higher than in 2023. The top destination countries include Brazil, Moldova, Syria, Colombia, and Turkey.

Myria, the Federal Migration Centre, has published a new thematic booklet as part of its annual report "Migration in figures and rights 2025". The publication presents recent figures on return, detention and removal, while analysing major legislative developments in Belgian return policy. It also examines the situation of detainees without legal residence in Belgian prisons and reviews the creation of the National Preventive Mechanism against ill-treatment in detention. According to Myria, return indicators have continued to rise after the pandemic, while new laws significantly expand the use of control and coercive measures.

Belgium has confirmed its participation in an exploratory administrative mission to Afghanistan, representing 20 European Union Member States. The announcement was made by Minister of Asylum and Migration Anneleen Van Bossuyt. The mission, organised by the European Commission, aimed to establish technical administrative contacts with Afghan authorities. The initiative has drawn attention from refugee organisations, which have expressed concern about engagement with the Taliban regime.

During the informal European Justice and Home Affairs Council in Cyprus on 22 January 2026, Minister of Asylum and Migration Anneleen Van Bossuyt announced targeted measures to encourage the voluntary return of Syrian nationals. The plan includes enhanced reintegration assistance for Syrians choosing to return to their country, while continuing to implement forced returns for non-cooperating individuals in general, prioritising those irregularly staying in Belgium with criminal convictions.

In its judgment in Case C-679/23 P (WS and Others v Frontex), the Court of Justice of the European Union found that Frontex has specific obligations under EU law in joint return operations, including verifying the existence of enforceable return decisions for all persons involved. The ruling also emphasised that infringements of fundamental rights during such operations may give rise to the agency’s liability. 

In a judgment delivered in Case C-184/24 (Sidi Bouzid), the Court of Justice of the European Union has clarified the limits of sanctions that may be imposed on applicants for international protection who refuse to be transferred to another accommodation centre. The Court found that such a refusal cannot justify the withdrawal of all material reception conditions. While Member States may impose sanctions for serious breaches of reception rules, these must remain proportionate and respect the applicant’s dignity. 

On 15 and 16 December 2025, EMN Belgium organised a conference in Brussels bringing together stakeholders from Belgium, EMN Member and Observer Countries, as well as European and international organisations. The event provided a forum to examine reception and support for applicants for international protection other than in-kind from legal, policy, and operational perspectives, exploring how these forms of support are organised, implemented, and linked to broader reception systems.