Return - IOM Publications - International Organization for Migration

Return Migration: Policies and Practices
Removal
The provisions of the Immigration Act regulate the removal of aliens in Belgium. In regard to
asylum seekers: applicants notified of the final rejection of their application are ordered to leave
Belgian territory within 5 days on their own volition. If they overstay this respite, they are
considered to be illegal residents and are subject to detention and subsequently removed.
In addition, Article 80 of the Act states that all general principles of Belgian criminal law, contained
in Part I of the Belgian Criminal Code, are applicable to offences against the 1980 Immigration
Act.
Detention
According to the Immigration Act, detention applies to any person who:
Tries to enter Belgium at a point of entry without being in possession of the required identity
and travel documents – such a person may be detained in a location situated in the border area
while awaiting a decision to enter Belgium or awaiting removal (Article 74 of the Immigration
Act);
Stays illegally in Belgium – he/she may be detained when his/her removal has been ordered
(Article 7 of the Immigration Act); and
Has been ordered to leave the country and has failed to do so within the set time limit (Article 27
of the Immigration Act).
The 1992 Police Act (article 34, paragraph 4) further stipulates that the Police may also detain
persons who cannot prove their claimed identity, for the period necessary to check their identity,
and for a maximum of 12 hours. Under Article 74(7) of the 1980 Immigration Act, the police
may detain foreign nationals who do not have the necessary residence or identity documents for
a period of 24 hours, awaiting a decision of the Minister of Interior or the Immigration Office
about their status. When contacted by the Police, the Immigration Office will check whether the
claimant has any legal residence status in Belgium. Those who do not may be detained and if
possible removed.
With regard to asylum seekers, the following categories can be detained:
Asylum seekers arriving in Belgium, who apply for asylum at the port of entry, without being
in possession of the required identity or travel documents – these may be detained in a location
situated in the border area, while awaiting a decision to enter Belgium or awaiting removal
(Article 74(5) of the Immigration Act);
Asylum seekers who have entered Belgium legally, but whose legal permission to stay has
expired, may be detained when their asylum application has been found inadmissible by the
Minister or the Immigration Office (Article 74(5) of the Immigration Act).
The issue of detention of unaccompanied minor children is currently still under discussion. In
order to prevent trafficking in children, the Belgian authorities investigate as a precautionary
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