Differential treatment of specific nationalities in reception

Belgium

Country Report: Differential treatment of specific nationalities in reception Last updated: 30/11/20

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In the Reception Act, there is no difference in treatment with regard to reception based on nationality. Asylum seekers from safe countries of origin, and EU citizens are not excluded by the Reception Act.

In practice, EU citizens applying for asylum and their family members are not accommodated by Fedasil. Fedasil argues that EU citizens are legally on the territory since they are exercising their freedom of movement, but the Federal Ombudsman has discarded this argument because it goes against the interpretation of “legal residence” by the Constitutional Court and violates provisions of the Convention on the Rights of the Child and the constitutional non-discrimination and equality principles, when it considers EU families with minor children.[1] EU citizens applying for asylum can challenge the formal refusal decision of Fedasil (known as “non-designation of a code 207”) before the Labour Court.

In the current reception model, those asylum seekers with a nationality which has a recognition rate above 80% are entitled to be transferred from collective asylum centres to individual places after 2 months. (see Forms and levels of material reception conditions).

 


[1] Federal Ombudsman, Annual Report 2013, available at: http://bit.ly/1AZrewH, 30-35.

 

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