The European Migration Network (EMN) Hungary Presidency High-Level Conference will focus on possible avenues for more effective and efficient implementation of returns, with special emphasis on the important aspects of the return procedure, internal coherence, and joint cooperation with third countries and digitalisation to support the common EU system for returns.

In its overview of national forced return monitoring systems across the EU in 2023, the EU Agency for Fundamental Rights (FRA) noted that only one EU Member State did not monitor its national forced return operations in 2023. It also highlighted persistent challenges that affect the transparency and effectiveness of monitoring operations.

In a recent judgment, the Court of Justice of the European Union found that an administrative authority which rejects an application for a residence permit based on national law and, consequently, finds that the third-country national concerned is staying illegally on the territory of the Member State in question, must ensure compliance with the principle of non-refoulement, by reviewing, in the light of that principle, the return decision previously adopted against that national in the context of a procedure for international protection. 

A few days after 17 European countries called on the European Commission to submit a new legislative proposal for more effective returns, Justice and Home Affairs Ministers discussed the issue of return during a working lunch in Luxembourg. They tasked experts with starting to explore innovative ideas related to returns. 

In a non-paper, seventeen European countries called on the European Commission to submit a new proposal for more effective returns. The letter emphasises the need for a stricter EU return system with clearer obligations for cooperation from the returnees and less interpretation by the European Court of Justice.

On 2 May 2024, the Chamber of Representatives adopted in plenary session the draft law for a proactive return policy. This law inter alia introduces the obligation for the foreigner to cooperate in the return process and it expands the pool of return escorts. The law also enshrines the principle according to which minor children aren't retained in closed centres.

On 26 April 2024, the Council of Ministers approved, upon proposal by the Secretary of State for Asylum and Migration Nicole de Moor and the Secretary of State in charge of the Buildings Administration Mathieu Michel, the public procurement for new closed centers in Jabbeke and Jumet.

A large delegation from the federal government, accompanied by senior police officers and senior administration officials, is leading a mission to Morocco. The fight against illegal immigration and the return policy are among the priority issues discussed with the Moroccan authorities.

On a proposal from Interior Minister Annelies Verlinden, the Council of Ministers approved a preliminary draft law defining the powers that members of the European Border and Coast Guard would have on national territory during official missions.

The Expert Conference on Return and Reintegration, jointly organised by Belgium’s Federal Agency for the Reception of Asylum Seekers (Fedasil), the International Centre for Migration Policy Development (ICMPD), the European Border and Coast Guard Agency (Frontex), and the Migration Policy institute Europe (MPI-E) marked a significant moment during the Belgian Presidency of the Council of the EU.

The Secretary of State for Asylum and Migration announced today that a new software was in the process of being developed with the digital product studio "In the pocket" to better manage information relating to the stay of third-country nationals in closed centres. 

During a visit to the prison in Beveren, the Secretary of State for Asylum and Migration said that more illegally staying detainees are being sent back directly from prisons, through the work of the return counsellors in the detention facilities. 

The Return Expert Group (REG) within the EMN conducted a successful workshop dedicated to advancing multistakeholder governance towards case resolution of undocumented migrants. Facilitated by EMN Belgium and the Belgian Federal Agency for the Reception of Asylum Seekers (Fedasil), this event focused on fostering connections between national authorities, local administrations and civil society organisations (CSOs). 

In a press release published today, Doctors of the World declared that it opposes a new article of the draft law presented by Nicole de Moor, providing for the possibility of carrying out medical examinations under constraint to facilitate the forced return of third-country nationals. Doctors of the World says this measure risks further complicating access to health care for these particularly vulnerable people.

Nicole de Moor presented today a draft law which aims, in accordance with the federal government agreement, to enshrine in law a proactive return policy. The draft law inter alia provides for the obligation to cooperate in the return procedure and for the intensive individual follow up of third-country nationals who have received an order to leave the territory.

After the terrorist attack perpetrated by an illegally staying failed asylum seeker in the centre of Brussels on 16 October, various policymakers plead for better follow-up of failed asylum seekers and stricter enforcement of orders to leave the territory.

In its judgment in Case C-143/22 | ADDE and Others, the Court of Justice of the European Union ruled today that the Return Directive applies to any third-country national who has entered the territory of a Member State without fulfilling the conditions of entry, stay or residence. That also applies when the person concerned has entered that territory even before crossing a border crossing point where such checks are carried out.

In its judgment in Case T-600/21 | WS and Others v Frontex, the General Court dismissed today the action of a number of Syrian refugees who had brought a claim for compensation before the General Court of the European Union. The applicants claimed that Frontex engaged in improper conduct with regard to them.

Frontex is launching a new open call for proposals aimed at concluding new framework partnership agreements to provide post-arrival and post-return assistance in 39 countries of origin, with qualified service providers from the non-profit sector, international organisations and national authorities from EU Member States and Schengen Associated Countries for a period of two and a half years. 

In the first three months of this year, 959 irregularly staying third-country nationals were subject to forced return from Belgium. That is twice as many as in the same period last year, when it concerned 502 persons.