Freedom of movement

Belgium

Country Report: Freedom of movement Last updated: 16/05/24

Author

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Asylum seekers who stay in an open (collective or individual) reception centre enjoy freedom of movement across the national territory without restrictions. If the asylum application is refused, the rejected asylum seeker is transferred to a so called “open return place” in a regular centre, where they can enjoy full reception rights until the end of the right to reception and where they also enjoy freedom of movement across the Belgian territory.

On the other hand, an asylum seeker cannot choose their place of reception. As explained in Criteria and Restrictions to Access Reception Conditions, the reception structure is assigned by Fedasil’s Dispatching service under a formal decision called “assignment of a Code 207”. Asylum seekers can only enjoy the material and other provisions they are entitled to in the reception place they are assigned to. If the asylum seeker refuses the place assigned or is absent from the assigned place for 3 consecutive days without prior notice, or is absent for more than 10 nights in one month (with or without prior notice), Fedasil can decide to refuse them material conditions or exclude them from the centre that was assigned to them. If they apply for it again afterwards, they will regain their right, but might get a sanction from Fedasil.[1]

 

 

 

[1] Article 4 Reception Act.

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation