Dublin II info country sheets

Transcription

1 Jesuit Refugee Service-Europe Rue du Progrès, Bruxelles - Belgium Tel: Fax: europe@jrs.net Website: Dublin II info country sheets Country: BELGIUM Notice: This information sheet is meant to give information only about what an asylum seeker can expect if they will be transferred to Belgium under the Dublin Regulation. It is not meant to provide information about the Dublin Regulation in general and the way it is implemented in Belgium. It is also not meant to provide information on how to challenge a Dublin transfer to Belgium. In order to avoid a transfer to Belgium, it may be recommended that the asylum seeker or his/her lawyer contact the Dublin Department in Belgium, whose coordinates are provided in this sheet. In doing so the asylum seeker can forward information that may persuade the department to refuse the take back request received from the member state that wants to initiate the transfer. 1. Data on the State Department responsible for Dublin requests (ingoing and outgoing) Name of department: Office des Etrangers - Cellule Dublin Postal address: World Trade Center II - 59 B, Chaussée d'anvers Bruxelles Phone: +32 (0) (French) / +32 (0) (Dutch) Fax : +32 (0) Bur_R10@dofi.fgov.be Person in charge: Mrs Els VAN DORPE (Attaché) Languages: Dutch - French - English Phone: +32 (0) evandorpe@dofi.fgov.be NB: In the case of asylum seekers detained at the Belgian border and awaiting a transfer to another country, the relevant administration is the Grensinspectie Cell. Please contact the JRS-Belgium office if you need more information about this particular situation. 1

2 2. Will the asylum seeker be handed over to any kind of public authority (police, immigration officer, etc.)? According to the asylum section of the Office des Etrangers/Dienst Vreemdelingenzaken (Alien s Office or OE/DVZ), when asylum seekers are transferred by land, by sea or by air, the police are waiting to receive them if the transfer is organised by authorities, not if the asylum seeker goes on his own to the country where his application must be examined. But in practice, even in the case of a transfer organised by the authorities, it may happen that nobody is waiting for the transferee. If he has not been controlled by the airport police or the border police, he should go to the Office des Etrangers/Dienst Vreemdelingenzaken (Alien s Office or OE/DVZ), World Trade Center II - 59 B, Chaussée d'anvers Bruxelles 3. Must the transferred asylum seeker be in possession of any kind of document given by the sending Member State? And must he register anywhere? The transferred asylum seeker must not be in possession of any document delivered by the sending member state, but if he has such a document, it will be easier for the Belgian authorities to understand his administrative situation. Althought it s not a legal obligation, the border police (land or airport) is used to deliver to the Dublin transferee (who had introduced an asylum application in the sending member State) an Annex 26, a document stating that the person asked for asylum. However, this does not mean that the asylum claim has been effectively registered. In every case, the person must still present himself as soon as possible and within 8 days to the Office des Etrangers/Dienst Vreemdelingenzaken (Alien s Office or OE/DVZ). This will also serve as registration. Failure to do so could result in the application being not actually registered. Name of registering department: Asylum section of the Office des Etrangers/Dienst Vreemdelingenzaken (Alien s Office or OE/DVZ) Postal address : World Trade Center II - 59 B, Chaussée d'anvers Bruxelles Phone : +32 (0) helpdesk.dvzoe@dofi.fgov.be - How to get there by public transport? It is near the Gare du Nord/Noord Station, one of the main train, buses and tram stations in Bruxelles. If coming by the busses 14, 47, 57, 58 or 88, the nearest stop is named WTC. If coming by metro, the nearest stop is named Rogier. 4. Must the asylum seeker apply anew for asylum? If so, how and where? 2

3 YES. According to the rules applicable in Belgium, a Dublin transferee is obliged to apply anew for asylum within 8 days of his arrival. Otherwise he will not be considered as an asylum seeker. The application for asylum is done with the registration to the Asylum section of the Office des Etrangers/Dienst Vreemdelingenzaken (Alien s Office or OE/DVZ) (see answer to question 3 above) 5. Is there any risk that the transferred asylum seeker will be detained? There is no special provison in Belgian law regarding detention of incoming Dublin transferees. In general, if the transferred asylum seeker is in a take charge procedure (he has never applied for asylum in Belgium), it is probable that he will not be detained at his arrival in Belgium. However if he has been intercepted by the sending Member State when he was trying to enter the Schengen Zone (for example in an airport) in an irregular manner (not valid passport or visa for example), the risk of him being detained when transferred to Belgium is higher. However, as mentioned below, the law foresees that detention is possible in the course of asylum procedure, for all asylum seekers (not only Dublin transferees); but in practice this possibility is rarely used by Belgian authorities (for example, 24 cases in 2010) In general, if the asylum seeker is in a take back procedure (he had already applied for asylum previously in Belgium): There exists a possibility that he will be detained at his arrival in Belgium if the application is still pending, but normally he will be allowed to pursue his asylum procedure without being placed in detention It is more probable that he will be detained at his arrival in Belgium if the application has already been rejected. The possibility of being detained is higher if the Dublin transferee is transferred following his interception in irregular stay in the sending Member State than if he had introduced a new asylum application in the sending Member State. In practice, we have been aware of the immediate detention on arrival of two persons transferred from the United Kingdom towards Belgium in the framework of the Dublin Regulation, on the basis of their illegal stay in Belgium. Therefore, it is strongly advised to Dublin transferees from a non-schengen country to state clearly, and as soon as possible, that they are asylum seekers transferred according to the Dublin system, and that they want to apply for asylum. - If so, at what stage and in which circumstances can an asylum seeker be detained in Belgium? 3

4 The decision to detain the person can be issued either: 1. during the first stage of the procedure, 2. after a negative decision has been given out by the Commissariat Général pour les Réfugiés et Apatrides/ Commisariaat Generaal voor de Vluchtelingen en de Staatlozen (CGRA/CGVS) over the asylum claim or 3. after an appeal against that decision has been turned down. - For which reasons? Beware! Detention is only a possibility, not an obligation. Not all asylum applicants being in the conditions described below will be detained. During the first stage of the asylum claim (at registration or during the examination by the CGRA/CGVS), the OE/DVZ can detain the asylum seeker on the following basis: the fact that the asylum seeker refuses to cooperate with the asylum instances (refusal to divulge his identity, refusal to be fingerprinted, late submission of the asylum application...) the fact that the asylum instances suspect fraud (false declarations, false identity, destruction of one s airplane ticket or passport, omission to declare a previous asylum application in another State,...) the fact that the person had already introduced previously an asylum claim in Belgium in the past. The person can also be detained following a decision of rejection of the asylum application by the CGRA/CGVS, even if an appeal has been lodged. After the asylum application has been turned down both by the CGRA/CGVS and in appeal, the asylum applicant can be detained if the Office des Etrangers considers it needed in order to proceed to a foreseeable deportation. - How can a detention order be challenged? The decision taken to detain an asylum seeker can be challenged by an appeal to the Pre-trial Chamber (Chambre du Conseil/RaadKamer). This tribunal of the judicial order will only investigate whether the detention has a legal basis. This appeal must be introduced by a lawyer. It can be introduced as soon as the first day of detention. Usually the Pre-trial Chamber takes a decision within 5 days. This decision may be appealed in front of the Court of Appeal (Chambre des Mises en accusation / Kamer van Inbeschuldigingstelling). One can challenge detention in front of that tribunal once a month. If you need a lawyer: Free legal aid services can be found on pp. 106 to 108 of this information booklet: If you are detained: you may also contact one of the NGO s visiting detention centres (see contact details at pp ) 6. Does a transferred asylum seeker have the right to receive accommodation? If so, how can he enforce this right? How can he get access to reception facilities? 4

5 Asylum seeker reception is provided for under Belgian law. The reception centre for asylum seekers provides for the daily basic needs of its residents: a place to sleep, food and clothing. During their stay at the centre, the asylum seekers also receive social, legal, medical and psychological assistance. Several activities are organised at the reception centre to offer asylum seekers a meaningful way of passing their time as they await a decision in their case. Most reception centres also have a sport facility and an internet room so that residents can keep in touch with friends or family at home. Once an asylum claim has been filled with the Alien s Office (OE/DVZ), the asylum seeker will be redirected to the dispatching of FEDASIL (the administration responsible for the reception of the asylum seekers), as all asylum seekers. The asylum seeker must register with Fedasil in order to be received in a reception facility. The dispatching office is located in the same building as the Office des Etrangers where the asylum seekers have to file in their asylum claim. Name of department: FEDASIL - Dispatching Postal address: World Trade Center II - 59 B, Chaussée d'anvers (1st floor) Bruxelles Phone: +32 (0) Fax: +32 (0) info@fedasil.be Beware: In practice, it is not certain that a person will directly receive a place. The reception system has indeed reached saturation. Currently ( ), asylum seekers might be sent to temporary emergency reception places before gaining access to a proper reception centre. Some might not receive a place at all, although this is contrary to the law. The waiting time before gaining access is difficult to predict, from a few days to a few weeks. Furthermore, a person transferred in the afternoon will probably not receive accommodation for the first night as all available places will have been distributed in the morning. So it is important to come early to those offices, preferably before 8am, in order to possibly receive a reception place the same day. If you have a problem to receive accomodation, you may inform at SIA about the possibility to get a lawyer who will help you with legal procedures to receive an accomodation: SIA (Soup and information for asylum seekers) Postal address: Chaussée d Anvers, Bruxelles Phone: +32 (0) pascale@vluchtelingenwerk.be Monday to Friday from 12 am to 1 pm. State Department in charge of reception of asylum seekers: Name of department: FEDASIL Administrative headquarters Postal address: rue des Chartreux, Bruxelles 5

6 Phone: +32 (0) Fax: +32 (0) Warning: This is the address of the Department but not the place where the asylum seeker must present oneself. It is only in case of problem that this Department can be contacted. - Reception facilities for asylum seekers transferred from another EU member state: There are no specific reception facilities for Dublin transferees You will find below the contact data of an emergency reception centre. Name of reception centre: Centre d'accueil - Woluwe-Saint-Pierre (short term reception) Postal address: Rue des Palmiers, Bruxelles Phone: +32 (0) Fax: +32 (0) gregory.bluck@fedasil.be For a list and a map of reception centres for people with accommodation problems in Brussels: Long term reception will be provided either in the form of collective housing (reception centres) or, in individual or family housings. For the list of other collective centres see: 7. Are there any specific reception conditions foreseen for vulnerable asylum seekers? In general: The Belgian law on the conditions of reception provides that an assessment of the vulnerability of the asylum seeker must be made within the 30 days of arrival. The conditions of reception should be adapted accordingly. The social workers of the centres are also responsible to asses the particular needs of the people they have in charge. However, such assessment is currently not carried out, as FEDASIL workers are trying to cope with the situation. The law also specifies that FEDASIL can conclude conventions with other organisations in order to provide specific accommodation and support for some categories of particularly vulnerable people. In practice: The vulnerability assessment does not occur. It might be difficult to get particular conditions of reception for vulnerable asylum seekers. 6

7 It is advised to take contact with FEDASIL ( ) or with the CIRE ( or Vluchtelingwerk Vlaanderen ( before the transfer takes place. The CIRE and Vluchtelingwerk Vlaanderen coordinate the reception of asylum seekers for the centres managed by NGOs. For non-accompanied minors and for families: The non-accompanied minors will receive a special treatment if they declare to be under 18. They will be received in an observation and orientation centre for 15 days and a guardian will be assigned to them. The reception conditions will then be decided according to needs. There exist also specific sections for unaccompanied minors in some reception centres for asylum seekers where they should be transferred In practice, due to the saturation of the reception network ( ), some unaccompanied minors, mainly those whose age is disputed by the authorities, may be accommodated in hotelrooms at the beginning of their asylum procedure. Observation and orientation centres for unaccompanied minors: Centre d Accueil - Neder-Over-Heembeek (centre for non-accompanied minors) Postal address: Rue Bruyn, Neder-over-Heembeek Phone: +32 (0) Fax: +32 (0) isabelle.plumat@fedasil.be Centre d Accueil - Steenokkerzeel (centre for nonaccompanied minors) Postal address: Keizerinlaan, Steenokkerzeel Phone: +32 (0) Fax: +32 (0) info.steenokkerzeel@fedasil.be In the case of a transfer of a minor towards Belgium, you might want to contact the Plateforme Mineurs en Exil, More information can also be found in the information folders found on : d=13 Families with children live in family rooms at the reception centres, providing for more privacy. 8. Brief outline of asylum procedure in the receiving country, possibilities for appeals. 7

8 1. Registration by the Office des Etrangers/Dienst Vreemdelingenzaken (Alien s Office or OE/DVZ). The OE/DVZ is responsible for determining: whether Belgium is responsible for the examination of the asylum application (Dublin), whether another asylum application has already been lodged and denied in Belgium in the past: the OE/DVZ will determine whether this new application can be considered, in the case new relevant elements are provided, whether it is necessary, according to the OE/DVZ, to detain the asylum seeker in a detention centre. The OE/DVZ will also hand out to the asylum seeker a questionnaire about his asylum claim which must be filled and sent to the CGRA/CGVS within 5 days. He will be proposed to fill in the questionnaire directly. It is not an obligation but a possibility. It is possible to fill it later with the help of a lawyer or a social worker. 2. The Commissariat Général aux réfugiés et Apatrides/Commisariaat Generaal voor Vluchtelingen en Statelozen (CGRA/CGVS) is the administration responsible for the examination of the merits of asylum applications lodged in Belgium. After examination of the questionnaire filled by the applicant, they will send a convocation for a hearing. During that hearing, the asylum seeker has to explain the reasons why he seeks asylum in Belgium. The lawyer and, if needed, an interpreter are present at that hearing. The CGRA has the power to: Grant the refugee status Deny the refugee status but grant the status of subsidiary protection Deny the asylum claim. 3. If the application is denied, the asylum seeker can lodge an appeal against this decision to the Conseil du Contentieux des Etrangers/ Raad voor Vreemdelingen Betwistingen (CCE/RVV) within 30 days of the notification of this decision. It is a mostly written procedure. The role of the lawyer is thus crucial. Before the decision is taken, the court will hold a hearing. This means the CCE/RVV has the power to: Overturn the CGRA/CGVS decision and grant either refugee or subsidiary protection status Confirm the decision Cancel the decision and ask the CGRA/CGVS to take a new decision after further investigation. 4. An appeal in administrative cassation is still possible, in order to cancel the decisions of the CCE/RVV, when the decision does not comply with the obligations required by the law. However this type of appeal does not suspend the deportation order. Websites where additional info on asylum procedure may be found: English: French: Dutch: 8

9 Contacts and adresses 1. State Departments 1.1. In charge of the Dublin Request (ingoing and outgoing) Office des Etrangers - Cellule Dublin Postal address : World Trade Center II - 59 B, Chaussée d'anvers Bruxelles Phone : +32 (0) evandorpe@dofi.fgov.be Person in charge: Mrs Els VAN DORPE 1.2. In charge of the asylum claim Introduction of the asylum claim Asylum section of the Office des Etrangers/Dienst Vreemdelingenzaken (Alien s Office or OE/DVZ) Postal address : World Trade Center II - 59 B, Chaussée d'anvers Bruxelles Phone : +32 (0) helpdesk.dvzoe@dofi.fgov.be Examination on the asylum application: CGRA / CGVS (General commissionership to the refugees and to the stateless persons) Postal address : World Trade Center II - 26 A, Boulevard du Roi Albert II Bruxelles Phone: + 32 (0) cgra.info@ibz.fgov.be Appeal : CCE / RVV (Conseil du Contentieux des Etrangers / Raad Voor Vreemdelingenbetwistingen) Postal address : Rue Gaucheret, Bruxelles Phone: +32 (0) In charge of the reception of asylum seekers General administration FEDASIL Administrative headquarters Postal address : Rue des Chartreux, Bruxelles Phone: +32 (0) Fax: +32 (0) info@fedasil.be 9

10 Dispatching service of FEDASIL (where the asylum seeker must go to get access to reception) FEDASIL - Dispatching Postal address: World Trade Center II - 59 B, Chaussée d'anvers (1st floor) Bruxelles Phone: +32 (0) Fax: +32 (0) info@fedasil.be Emergency reception centre Centre d'accueil - Woluwe-Saint-Pierre (short term reception) Postal address: Rue des Palmiers, Bruxelles Phone: +32 (0) Fax: +32 (0) gregory.bluck@fedasil.be Reception centres for unaccompanied minors 1. Centre d Accueil - Neder-Over-Heembeek Postal address: Rue Bruyn, Neder-over-Heembeek Phone: +32 (0) Fax: +32 (0) isabelle.plumat@fedasil.be 2. Centre d Accueil - Steenokkerzeel Postal address: Keizerinlaan, Steenokkerzeel Phone: +32 (0) Fax: +32 (0) info.steenokkerzeel@fedasil.be 2. NGO s able to give reliable information on reception conditions for asylum seekers and asylum procedure 1. CIRE Postal address : Rue du Vivier, 80/ Bruxelles Phone: +32 (0) Fax: +32 (0) accueil@cire.be 1

11 2. Vluchtelingwerk Vlaanderen Postal address : Gaucheretstraat, Brussel Phone: +32 (0) Fax: +32 (0) info@vluchtelingenwerk.be 3. ADDE (Association pour les Droits des Etrangers) Postal address : Rue du boulet, Bruxelles Phone: +32 (0) Fax: +32 (0) isabelle.doyen@adde.be Person in charge : Isabelle Doyen (français, anglais, allemand, néerlandais, italien) 4. CBAR (Comité Belge d Aide aux Réfugiés - Partner organization of UNHCR in Belgium) Postal address : Rue Defacqz, 1 [ bte 10 ] Bruxelles Phone: +32 (0) Fax: +32 (0) info@cbar-bchv.be 5. CONVIVIAL Postal address: Rue du Charroi, Bruxelles Phone : +32 (0) Fax : +32 (0) info@convivial.be 6. SIA (Soup and information for asylum seekers) Postal address: Chaussée d Anvers, Bruxelles Phone: +32 (0) mieke@vluchtelingenwerk.be More addresses of organisations able to support asylum seekers can be found on pp. 101 to 111 of this information booklet: 3. NGO s visiting detention centres 1. Jesuit Refugee Service- Belgium (JRS-B) Postal address: Rue Maurice Liétart 31/ Bruxelles Phone: +32 (0) Fax: +32 (0)

12 CIRE Postal address : Rue du Vivier, 80/ Bruxelles Phone: +32 (0) Fax: +32 (0) accueil@cire.be 3. Vluchtelingwerk Vlaanderen Postal address : Gaucheretstraat, Brussel Phone: +32 (0) Fax: +32 (0) info@vluchtelingenwerk.be 4. Ligue des droits de l Homme Postal address : Rue du Boulet, Phone: +32 (0) Fax: +32 (0) secretariat@liguedh.be Disclaimer The organisation that gathered the data contained within this information sheet has taken all reasonable measures to ensure that the material provided is correct, reliable and accurate to the most extent possible. However, the Jesuit Refugee Service-Europe and the organisation that gathered the data for this information sheet does not accept responsibility for the correctness, reliability, accuracy and completeness of the data contained within this information sheet. The Jesuit Refugee Service-Europe and the organisation that gathered the data for this information sheet hereby disclaim all liability for any negative consequence or damage whatsoever and howsoever incurred in reliance upon the information provided. Users that find errors within this information sheet, or discrepancies between the information provided and its implementation in practice, are kindly requested to contact both the organisation that gathered the data for this information sheet, and the Jesuit Refugee Service-Europe (europe.advocacy@jrs.net). All feedback will be assessed for correctness, reliability and accuracy. The data within this information sheet will be updated at least once every year, or more frequently in accordance with received feedback. September 2011 Information gathered by: Organisation: JRS-Belgium Contact person: Christophe Renders Postal address: rue Maurice Liétart, 31 bte Bruxelles - Belgium belgium@jrs.net Phone: +32 (0) Fax: +32 (0) Website: 1