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Ad Hoc Query on provision of information in the context of return

01/08/2025

The Belgian authorities launched this ad hoc query to understand how other Member States provide information to third-country nationals in the context of return, in order to fulfil their obligation under the Return Directive, and to assess whether making this information available via a website or IT application would be considered sufficient to meet these requirements.

Theme:
Return & Readmission
Publication type:
Ad Hoc Queries
Keywords:
return counselling
information provision
digitalisation

Ad Hoc Query on the use of new technologies to overcome language barriers in return procedures

20/07/2025

This ad hoc query examines how EMN Member Countries use new technologies to address language barriers during return procedures for third-country nationals. It investigates the deployment of tools such as translation software, handheld devices, mobile apps, and artificial intelligence throughout the return process. The query also reviews relevant legal and data protection frameworks and the application of these tools in key return-related activities like identification, communication of decisions, and detention procedures.

Theme:
Return & Readmission
Publication type:
Ad Hoc Queries
Keywords:
language barrier
digital tool

Belgian government supports draft law allowing home searches for enforcement of return decisions

18/07/2025

The Belgian Council of Ministers has approved a draft law enabling home searches, with judicial authorisation, in cases involving non-cooperative foreign nationals facing return and posing a threat to public order or national security. The measure is similar to one previously discussed in 2018 and will now be submitted to the Council of State for its opinion. Several civil society organisations have expressed concerns about its implications.

Theme:
Return & Readmission
Type:
News item
Keywords:
home search
forced return
public order
national security
immigration enforcement

Belgium tightens family reunification rules for foreign nationals

18/07/2025

The Belgian Chamber of Representatives has adopted new legislation modifying the conditions for family reunification under the law of 15 December 1980. The changes introduce stricter income requirements and modify waiting periods for certain categories of foreign nationals, particularly those benefiting from international or subsidiary protection. The legislation was approved with a majority vote during a plenary session and aims to regulate access to family reunification, a principal legal pathway for foreign nationals to join family members in Belgium.

Theme:
Family Migration
Type:
News item
Keywords:
application for family reunification
income requirement
waiting period
age limit

EU Ministers extend temporary protection, discuss readmission cooperation, and update Schengen priorities

13/06/2025

At their meeting on 13 June 2025, EU Home Affairs Ministers reached a political agreement to extend by one year, until March 2027, the temporary protection for people displaced from Ukraine. They also discussed ways to improve readmission cooperation with third countries and endorsed new priorities for the Schengen area.

Theme:
Temporary protection
Borders & Visa
Return & Readmission
Type:
News item
Keywords:
Justice and Home Affairs Council
Ukraine
cooperation
third country
Schengen area

Online Conference: Threats to the Independence of the European Court of Human Rights

10/06/2025

Amnesty International and the Human Rights League are proposing a meeting with Françoise Tulkens, former judge and Vice-President of the European Court of Human Rights, and Manuela Cadelli, judge at the Court of First Instance of Namur, to examine the consequences of the letter from nine European authorities calling for a new interpretation of the European Convention on Human Rights (ECHR). 

Theme:
Return & Readmission
Type:
Event
Keywords:
European Convention on Human Rights
European Court of Human Rights
judicial independence
fundamental right

Six Belgian human rights institutions urge federal government to uphold the independence of the ECtHR

27/05/2025

In response to a recent call by several European Heads of State to reinterpret the European Convention on Human Rights, six Belgian human rights institutions have voiced strong concerns. They warn that such initiatives risk undermining the authority and independence of the European Court of Human Rights. The institutions urge the Belgian federal government to remain consistent with its international commitments and to clearly reaffirm its support for the Court and the Convention.

Theme:
Return & Readmission
Type:
News item
Keywords:
European Convention on Human Rights
European Court of Human Rights
rule of law
fundamental right
prohibition of torture
inhuman and degrading treatment

Council of Europe reaffirms judicial independence following call by nine EU countries to reinterpret human rights law

24/05/2025

Backed by Italy and Denmark, a group of nine EU Member States has issued a letter calling for a new interpretation of the European Convention on Human Rights (ECHR) to facilitate the expulsion of foreign nationals convicted of crimes. While the letter's authors frame it as a call for open discussion, the move has raised concerns over judicial independence and the protection of fundamental rights in Europe.

Theme:
Return & Readmission
Type:
News item
Keywords:
European Convention on Human Rights
European Court of Human Rights
judicial independence
fundamental right
criminal foreigner
security

Experts explore ways to advance effective alternatives to detention in the EU

22/05/2025

On 21 and 22 May 2025, the European Migration Network’s Return Experts Group (EMN REG) convened a two-day workshop, hosted by the Belgian Immigration Office and EMN Belgium. The event brought together 50 participants from EU Member States, EU agencies (including Frontex and the EU Asylum Agency), civil society organisations, and international organisations. The workshop focused on the development and implementation of effective alternatives to detention (ATDs) within the EU’s migration and return systems.

Theme:
Vulnerable groups
International Protection
Migration
Borders & Visa
Return & Readmission
Type:
News item
Keywords:
New Pact on Migration and Asylum
alternative to detention
risk of absconding
fundamental right
special needs
multistakeholder approach
engagement
compliance

Myria raises concerns about the new government's family reunification policy

29/04/2025

Myria, the Federal Migration Centre, warns that the measures announced by the federal government in its "Easter Agreement" violate the right to family life. The institution announced in a press release published on Tuesday that it had shared its observations with the government and expressed hope for a constructive dialogue.

Theme:
Family Migration
Type:
News item
Keywords:
application for family reunification
right to family reunification
right to family life
income requirement
waiting period

Ad Hoc Query on family reunification of Syrian beneficiaries of international protection

28/04/2025

This ad hoc query compares the existing legislation in EMN Member and Observer Countries regarding the granting of protection statuses to family members of beneficiaries of international protection, as well as recent changes in practices in light of the regime change in Syria.

Theme:
International Protection
Family Migration
Publication type:
Ad Hoc Queries
Keywords:
application for family reunification
Syria
protection status
suspension
decision-making

Ad Hoc Query on searching electronic devices in the context of return

03/04/2025

This ad hoc query, launched by EMN Belgium, explores whether authorities in EMN Member Countries are permitted to search the electronic devices of irregularly staying third-country nationals in the context of return. It examines the legal conditions under which such searches may take place, the categories of individuals concerned, the availability of related statistics, and the perceived impact on identification processes. The query also invites information on challenges encountered and any planned legislative developments in this area.

Theme:
Return & Readmission
Publication type:
Ad Hoc Queries
Keywords:
irregularly staying third-country national
identification
search
electronic device

The new proposal for a regulation establishing a common return system has been released

11/03/2025

The European Commission has released a proposal for a regulation establishing a common system for the return of third-country nationals staying illegally in the Union. The new rules introduce, among other things, stronger obligations for returnees and the legal possibility of returning individuals who are illegally staying in the EU and have received a final return decision to a return hub in a third country. The European Parliament and the Council of the EU must now examine and negotiate the proposal.

Theme:
Return & Readmission
Type:
News item
Keywords:
common return system
return hub
European return order
obligation to cooperate
security risk
risk of absconding
fundamental right

Ad Hoc Query on voluntary return of Ukrainian beneficiaries of temporary protection

07/03/2025

This ad hoc query examines the voluntary return procedures for Ukrainian nationals granted temporary protection in EU Member States, focusing on the support provided for their return and reintegration. The aim is to understand the various national approaches to facilitating voluntary returns, including whether reintegration assistance is offered and how these programmes are funded.

 

Theme:
Temporary protection
Return & Readmission
Publication type:
Ad Hoc Queries
Keywords:
beneficiary of temporary protection
voluntary return
reintegration
Ukraine

1.261 prisoners were subjected to forced return from Belgium's prisons in 2024

27/02/2025

In 2024, 1.261 detainees were forcibly returned from Belgian prisons, down from 1.428 in 2023 and 1.511 in 2022, according to the Immigration Office. The most represented nationalities among those returned were Albanians, Moroccans, and Algerians. This decline comes amid ongoing challenges linked to prison overcrowding and changes in early-release policies.

Theme:
Return & Readmission
Type:
News item
Keywords:
third country national
illegally staying person
detainee
prison
forced return

Benelux and Suriname sign agreements on migration and visa exemption

14/02/2025

The Benelux countries and Suriname have agreed to facilitate the return of individuals in irregular situations from the Benelux or Suriname to their country of origin. Additionally, they have decided to grant visa-free travel for diplomats and government officials between the Benelux countries and Suriname.

Theme:
Return & Readmission
Type:
News item
Keywords:
Benelux
readmission agreement
Suriname

The EU’s plans to set up return hubs must respect fundamental rights law, warns the FRA

06/02/2025

In a position paper published on 6 February 2024, the European Union Agency for Fundamental Rights (FRA) sets out the conditions that would have to be met for return hubs to respect fundamental rights and comply with EU law. This includes independent monitoring to reduce the risks of fundamental rights violations.

Theme:
Return & Readmission
Type:
News item
Keywords:
return hub
fundamental rights

EMN Belgium participates in a roundtable in the Senate on the abolition of female genital mutilation

05/02/2025

On 5 February 2025, the Belgian Contact Point to the European Migration Network (EMN) took part in a roundtable in the Senate, focusing on the abandonment of sexual mutilation. The Group for the Abolition of Sexual Mutilation (GAMS) inter alia stressed that it has limited visibility on individuals arriving in Belgium through family reunification, making it more difficult to raise awareness and monitor cases of female genital mutilation in the country.

Theme:
Family Migration
Type:
News item
Keywords:
sexual mutilation
female genital mutilation

3.267 third-country nationals returned voluntarily to their country of origin in 2024, according to Fedasil

31/01/2025

In 2024, Belgium saw a notable increase in the number of individuals choosing voluntary return to their country of origin. According to Fedasil’s press release from 3 February 2024, the total number of individuals opting for voluntary return rose by 11% compared to the previous year.

Theme:
Return & Readmission
Type:
News item
Keywords:
voluntary return

The number of visas granted for family reunification in Belgium is increasing in 2024

28/01/2025

According to figures released by the Immigration Office, 20.724 decisions resulted in the granting of visas for family reunification in Belgium in 2024, compared to 18.738 in 2023 and 15.901 the year before. The increase concerns several categories, in particular family reunification with a refugee or beneficiary of subsidiary protection.

Theme:
Family Migration
Type:
News item
Keywords:
family reunification visa
upward trend

Forced return to Afghanistan is possible again, without collaboration with the Taliban regime, according to Nicole de Moor

27/01/2025

In a press release published on 27 January 2025, the Secretary of State for Asylum and Migration announced that Belgian authorities could organise the forced return of Afghans to Istanbul and that partners on the ground could then take them to Afghanistan. This collaboration and the budgets for it still need to be finalised by a new government.

Theme:
Return & Readmission
Type:
News item
Keywords:
forced return
Afghanistan

Ad Hoc Query on procurement of return service outside Europe

05/01/2025

This ad hoc query examines how EMN Member and Observer Countries use service providers for return and reintegration services. It covers whether countries manage operations directly or rely on service providers, details on contracts and procurement methods used, and how they assess European Procurement Regulations when choosing procurement approaches, including any exceptions justifying direct contracts.

Theme:
Return & Readmission
Publication type:
Ad Hoc Queries
Keywords:
return
reintegration
outsourcing
procurement

Ad Hoc Query on language proficiency requirements on family reunification and pre-entry language tests

05/01/2025

This ad hoc query maps the existence of language requirements prior to entry for family members of beneficiaries of international protection. Responding countries also report on experiences with pre-entry language requirements for other categories of residence permits, when applicable.

Theme:
Family Migration
Publication type:
Ad Hoc Queries
Keywords:
application for family reunification
beneficiary of international protection
language requirement
language learning

Ad Hoc Query on detention without judicial review

03/01/2025

This ad hoc query looks into the time limit within which an administrative authority may detain, without judicial review, an applicant for international protection or an irregularly staying third-country national who is subject to return.

Theme:
Return & Readmission
Publication type:
Ad Hoc Queries
Keywords:
detention
judicial review
applicant for international protection
irregularly staying third-country national

Ad Hoc Query on the procedure for family reunification and how to implement the “public order” element to the sponsor

06/12/2024

This ad hoc query looks into which countries verify that the sponsor who applies for family reunification is not a threat to public order when examining the application for family reunification.

Theme:
Family Migration
Publication type:
Ad Hoc Queries
Keywords:
application for family reunification
sponsor
threat to public order

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