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BELGIUM
measure, persons who collect unaccompanied children, who presented valid documents at the
port of entry.
The initial maximum period of detention is generally two months. If the refusal of residence is
final, detention may be prolonged by two additional months by the Minister or the Immigration
Office, and by another month by the Minister. The maximum period of detention is thus five
months. The period of five months may be extended to eight months for reasons of public order
and national security. The Minister may extend further the detention period on public order or
national security grounds. At the end of the maximum detention period, detainees, who are
placed in closed centres (centres fermés) and cannot be repatriated or removed, are to be released
with the order to leave the territory of Belgium.
Detention is subject to review by the Committals Division (Council Chamber) of the Criminal
Court. The court can only check the legality of the decision to detain. Detained foreign nationals
may lodge an application with the Committals Division of the Criminal Court with jurisdiction
for the place where they reside, or where they are found or detained.
The Committals Division is required to deliver its decision within five working days from the
date on which an appeal is lodged, after hearing the submissions of the foreign national or his/
her counsel and the opinion of the King’s Prosecutor. If the Committals Division fails to deliver
its decision within this period, the foreign national has to be released. If the Committals Division
decides that the foreign national should not remain in custody, he/she will be released as soon as
the decision has become final. The Minister of Interior may order the foreign national to reside
in a designated place either until removal has been carried out, or until the appeal has been
processed, in order to prevent the possibility of absconding.
Illegal Entry
Under Article 77 of the Immigration Act, illegal entry and residence, as well as aiding such
actions, is punishable with imprisonment of eight days to three months and/or by a fine of
EUR 1,700 to 6,000. Yet Belgian law exempts from this provision all cases where help or assistance
to foreign nationals has been provided out of humanitarian concern. Cases of repeated acts
within a period of three years may be sentenced with penalties of imprisonment for one month to
one year and/or a fine of EUR 6,000 to 30,000.
In regard to aircraft carriers, the Immigration Act stipulates that they, together with the illegally
entered migrant, pay any expenses related to housing, residence and health care. For this, a daily
amount is requested, which is normally paid without any difficulty. The carrier can be also required
to pay the removal costs. This only applies to asylum seekers who have made their claim
at a point of entry. The carrier will also pay an administrative fine (EUR 3,750) for having
carried an inadmissible person to Belgium. 4
Trafficking
Particular emphasis has been placed in Belgium on actions against organized crime, especially
in regard to trafficking of human beings and illegal prostitution networks. This has also led to
the development of special protection programmes, including the granting of temporary residence
permits, for victims and witnesses.