Legislative amendement on public order in applications of international protection
On 3 September a Law amending the Immigration Act came into force. The amendment is intended to take into account threats to society and national security in applications for international protection.
This new Law of 10 August 2015) modifies and extends the competences of the Office of the Commissioner General for Refugees and Stateless Persons (CGRS), which now has more possibilities to refuse to grant refugee status, to withdraw international protection or to exclude someone from international protection due to the threat he/she represents to society or national security. The law was passed as part of the implementation of the coalition agreement and in reaction to national and international developments.
Refusal to grant refugee status
The CGRS can refuse to grant refugee status if
- the asylum seeker poses a threat to society when he has been definitively convicted for a particularly serious crime or
- there are reasonable grounds to consider the asylum seeker represents a threat to national security.
More possibilities to withdraw international protection or exclude from international protection
The CGRS can withdraw refugee status if:
- the asylum seeker poses a threat to society because he has been definitively convicted or
- there are reasonable grounds to consider the refugee as a threat to national security.
Additionally, the CGRS can withdraw subsidiary protection status or exclude the asylum seeker from subsidiary protection if
- the person poses a threat to society or to national security
- in his country of origin, the person has committed a crime that does not fall within the existing exclusion grounds but is punishable in Belgium by imprisonment, when the person has fled his country of origin to escape punishment for this crime.
Advice on removal
For every decision made withdrawing or excluding international protection, the CGRS has to render an advice on a possible removal from Belgian territory.
This advice is not required in two cases:
- in case of fraud committed during the asylum procedure
- if the person who received a protection status afterwards proves, through his behaviour, that his alleged fear never existed.
This advice will enable the Immigration Department to remove the alien from the Belgian territory.
Information from the website of the CGRS.