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. 

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.

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. 

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.

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.

As the 1954 Convention relating to the Status of Stateless Persons celebrates its 70th anniversary on 28 September 2024, the United Nations High Commissioner for Refugees (UNHCR) estimates the number of stateless people worldwide at more than 4 million by the end of 2023.

After nearly two years of closure, Fedasil’s Info Point reopened on 27 September 2023, at its new location in rue Héger-Bordet, 3. The Info Point offers information and counseling for applicants for international protection living outside the reception network, but also migrants in transit and persons without a residence permit.

According to a new report by the European Court of Auditors (ECA), EU Emergency Trust Fund for Africa (EUTF) projects have reported the delivery of many of the planned outputs and partially achieved their objectives. Despite this, the financial support from the EUTF support is still insufficiently focused on the agreed priorities. Furthermore, there are challenges in relation to reporting, ensuring the sustainability of results and safeguarding human rights.

In a statement from 19 September 2024, the Council of Europe notes that Belgium has taken steps to address the wider reception crisis (such as creating 3.500 additional reception places and accelerating the examination of certain asylum applications to free up existing reception places), but these measures are insufficient.

Op 19 september 2024 presenteerde EMN België de bevindingen voor van zijn nationale bijdrage aan de komende EMN Studie over de Illegale tewerkstelling van onderdanen van derde landen (2017-2022). Daarbij werd de vergelijking gemaakt met de nationale bijdragen van EMN Oostenrijk en EMN Italië.

On 17 September 2023, the President-elect of the European Commission, Ursula von der Leyen, unveiled the names of Commissioners-designate for 2024-2029. The current Austrian Finance Minister, Magnus Brunner will be in charge of Internal Affairs and Migration, if he successfully passes the test of European Parliament hearings.  

Tijdens een webinar op 17 september 2024 belichtten EMN-lidstaten en leden met waarnemerstatus, en het Rode Kruis belangrijke praktijken en uitdagingen bij het identificeren van slachtoffers van foltering in het kader van internationale en tijdelijke bescherming. Ook persoonlijke ervaringen van migranten die foltering overleefd hebben, werden belicht, net als manieren om hun kwetsbaarheid beter aan te pakken.

Checks are being temporarily reintroduced at Germany's borders with Belgium, France, Luxembourg, the Netherlands, and Denmark. They will run from 16 September 2024 until 15 March 2025 to, among other things, reduce irregular migration and combat people smuggling. 

The European Union Agency for Asylum (EUAA) released the latest asylum trends for the first half of 2024. By June 2024, EU countries had received 513.000 applications for international protection. While the figure remained stable compared to the first six months of 2023, some changes occurred at the national level.

Eurostat published data on first residence permits, highlighting that 3.741.015 first residence permits were issued in the EU to non-EU citizens in 2023, a 4.7% increase compared with 2022. Belgium issued 74.366 first residence permits to non-EU nationals in 2023, an 8,5% increase compared with 2022.

Myria has published the third thematic section of its 2024 annual report. In this section entitled "Right to family life", Myria calls for more accurate, regular and transparent information regarding the family reunification procedure at its various stages, both at the level of diplomatic posts and external service providers, ensuring the accessibility – including linguistic – of this information for the target audience.