During the European Council on 17 October 2024, EU leaders adopted conclusions, among other things, on migration. They called, inter alia, for determined action to facilitate, increase, and speed up returns from the EU. They invited the European Commission to submit a new legislative proposal, as a matter of urgency.

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. 

This legally oriented European conference focuses on the legislation adopted on 14 May 2024 under the framework of the Pact on Migration and Asylum. It aims to provide the first legal analysis of all these complex legal instruments and their interconnections, including practical aspects in relation with the topics covered.

The Glossary Working Group meets regularly to maintain the EMN Asylum and Migration Glossary up to date. This 62nd meeting, hosted by EMN Belgium, was an opportunity to discuss cooperation with partners, especially in preparation of the inclusion of new terms related to the Pact on Migration and Asylum.

According to preliminary data collected by Frontex, the most significant declines in irregular border crossings were observed on the Western Balkan and Central Mediterranean routes, with a 79% and 64% decline, respectively. The Eastern Land Border and Western African routes saw the highest increases, at 192% and 100%, respectively.

In a letter to the 27 EU Member States, Ursula von der Leyen announced that the Commission will present a new proposal for legislation to ensure solid rules for the removal of irregularly staying third-country nationals, including those posing a threat to public order or internal security. She also referred to possible "return hubs" outside the EU, drawing lessons from the start of operations of the Italy-Albania protocol.

On the occasion of European Anti-Trafficking Day on 18 October 2024, PAG-ASA organizes the third Human Trafficking Awareness Week in Brussels. A series of events is planned from 14 October until 18 October to give the wider public the opportunity to learn about the issue, better understand its impact on victims, and gain insight into the Belgian protection procedure.

According to Statbel, the Belgian statistical office, 5.806 persons obtained Belgian nationality in July 2024. The main countries of origin of people who acquired Belgian nationality in July are Morocco, Romania, Syria, Afghanistan and Italy.

EU Commissioner Ylva Johansson announced that the Entry-Exit System (EES) which aims to modernise EU border management and which was supposed to start on 10 November 2024, has been postponed with no new date set. Ms Johansson suggested that the EU may roll out the EES gradually.

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. 

Before 8 October 2024, public bodies or a public or non-public implementing agency or body of a Member State can apply for funding and submit their proposal to support the implementation of the Global Alliance to Counter Migrant Smuggling and its call to action to strengthen international cooperation on preventing and responding to migrant smuggling.

During the plenary debate on the reintroduction of internal border controls in the Schengen area and its impact on EU free movement, Commissioner Ylva Johansson underlined that internal border controls must be temporary, proportionate and a measure of last resort. She underlined that alternative measures should always be prioritised.

In a recent judgement in Case C‑134/23, the Court of Justice of the European Union (CJEU) clarified that Article 38 of Directive 2013/32/EU does not preclude legislation of a Member State designating a third country as generally safe for certain categories of applicants for international protection, even if that third country has suspended, in general terms and without any prospect of a contrary development, the admission or readmission of those applicants to its territory.

In a recent judgement, the Court of Justice of the European Union concluded that some of the discriminatory measures against women in Afghanistan, namely forced marriage and the lack of protection against gender-based violence and domestic violence, must be classified alone as "acts of persecution" and that other measures, taken as a whole, given their cumulative effect and the fact that they are applied deliberately and systematically, constitute such acts.

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.

The Office of the Commissioner General for Refugees and Stateless Persons (CGVS) announced on 2 October 2024 that the notification of decisions granting or refusing subsidiary protection status to applicants from Lebanon is suspended until the CGRS has sufficient objective information to assess the security situation in Lebanon.

In their jobs, front-line workers sometimes have to deal with the trauma of applicants for international protection and are confronted with conflicts, tensions and sometimes personal safety risks. Hence, they are exposed to a high risk of personal stress levels and burnout, moral injury, depression, trauma, and other mental health challenges. This conference aims to bring together stakeholders at national and EU level to share experiences, challenges and practical solutions in this field.

On 1 October 2024, Nicole de Moor stated that proportionally speaking, more Palestinian applicants for international protection come to Belgium than to other European Member States. She also confirmed that the protection rate for Palestinian applicants had increased in recent years.

Myria has published the fourth thematic section of its 2024 annual report. In this section, entitled « Economic migration, free movement and students » Myria notes that more third-country nationals were posted to Belgium in 2023 than in 2022. Posted workers from third countries are more vulnerable to exploitation than EU-based posted workers. Therefore, they urgently need increased legal protection, according to Myria.