In order to structurally shorten the duration of reception in Belgium, an amendment was made to the Reception Act. Anyone who receives a final negative asylum decision must leave the reception place within a period of 30 days.

On 13 June 2024, the Court of Justice of the European Union released its judgment in the case C-563/22 involving a stateless Palestinian mother and her child, registered with UNRWA, who left the Gaza strip to seek protection in Bulgaria. In this case, the Court provided guidance on the interpretation of Article 12(1)(a) of Directive 2011/95/EU and of Article 40(1) of Directive 2013/32/EU. 

In case C-646/21, the Court of Justice of the European Union clarified that women, including minors, who share as a common characteristic the fact that they genuinely come to identify with the fundamental value of equality between women and men during their stay in a Member State may be regarded as belonging to ‘a particular social group’, constituting a ‘reason for persecution’ capable of leading to the recognition of refugee status.

Doctors Without Borders, Doctors of the World, CIRÉ, Vluchtelingenwerk Vlaanderen, BelRefugees, Caritas International, and the Humanitarian Hub underline the permanent lack of reception, protection and access to medical services for applicants for international protection without a reception place. They want to challenge policy-makers and raise public awareness about people left left on the street.

The list of safe countries of origin, which is revised once a year, was updated on 12 May 2024 and is now published in Belgium’s Official Journal. At present, the following countries are considered as safe countries of origin: Albania, Bosnia and Herzegovina, the Republic of North Macedonia, Kosovo, Montenegro, Serbia, India and Moldova. 

In its 2023 annual report, the Federal Institute for Human Rights draws attention, among other things, to the failure of the authorities to enforce the rulings of the Belgian and European courts and tribunals, in particular in the context of the reception crisis. The lack of resources for the judiciary, threats to human rights defenders and weaknesses in the right to information are also underlined.

On 22 May 2024, a joint conference hosted by Fedasil and the EUAA highlighted innovative collaboration models designed to strengthen migration systems. The event brought together diverse participants from various EU Member States, including government bodies, international organisations, civil society groups, and private entities. It focused on strategies to improve the reception, information provision, and pre-integration of international protection applicants.

The Expert Conference, that is jointly hosted by Belgium’s Federal Agency for the Reception of Asylum Seekers (Fedasil), and the European Union Agency for Asylum (EUAA), in cooperation with the Migration Policy Institute Europe (MPI Europe), aims to explore multi-stakeholder strategies in three specific areas: reception, information provision, and pre-integration.

In Palestinian cases, several elements prevent the Office of the Commissioner General for Refugees and Stateless persons (CGRS) from taking a decision within the initial six-month period after receiving the application for international protection. The CGRS commits to ensuring that Palestinian cases are processed more quickly and that a decision can be taken within 21 months of the submission of the application for protection.

The Secretary of State for Asylum and Migration announced that applications for international protection from people from safe countries of origin have been processed in 12 working days and those from people originating from countries for which a low rate of protection is granted in 39 days, since 1 February 2024. This aims to free up places in the reception network for those who actually need protection. 

On Friday 3 May 2024, the Council of Ministers approved a draft royal decree appointing Pieter Spinnewijn as Director General of the Federal Agency for the Reception of Asylum Seekers (Fedasil). His mandate will begin on 1 July 2024 for a period of six years.

On the proposal of Minister of Foreign Affairs Hadja Lahbib and Secretary of State for Asylum and Migration Nicole de Moor, the Council of Ministers approved a draft royal decree establishing the list of safe countries of origin, now including Moldova.

On 18 March 2024, the Belgian Presidency of the Council of the European Union, the Office of the Commissioner General for Refugees and Stateless Persons (CGVS) and the European Union Agency for Asylum (EUAA) co-organized a conference during which participants reiterated the need for greater convergence between Member States to achieve a fair and efficient asylum system.

In a judgement released today in case C-222/22, the Court of Justice of the European Union held that the Qualification Directive does not permit a presumption that any subsequent application based on circumstances which the applicant has created by his or her own decision since leaving the country of origin stems from abusive intent and abuse of the procedure for the grant of international protection. Any subsequent application must be assessed on an individual basis.

Given the strong pressure on the Belgian reception system, Fedasil created more than 3.000 places in 2023. Despite these efforts, Fedasil ran out of places to accommodate all applicants for international protection last year.

On the proposal of the Secretary of State for Asylum and Migration, the Council of Ministers agreed today to the conclusion of a rental contract for land in Lodelinsart (Charleroi). Fedasil will make the site available to the Belgian Red Cross to place containers in order to increase the reception capacity for applicants for international protection.

The Office of the Commissioner General for Refugees and Stateless Persons (CGRS) announced today that it would resume the processing of Sudanese cases from Darfur, Kordofan, Blue Nile and Khartoum as of 26 February 2024.

In 2023, 287 refugees were resettled in Belgium, including 154 Congolese from Rwanda, 81 Syrians from Turkey, Lebanon, Jordan and Egypt, and 26 Sudanese, 18 Ethiopians and 8 Eritreans from Egypt. 

The Secretary of State for Asylum and Migration announced today that applications from nationalities that have very little chance of obtaining international protection, in particular Congolese, Moldovans and Georgians, will be processed in a fast-track procedure from 1 February.