legal and social conditions for asylum seekers and refugees in ...

These evacuees were issued with a document certifying that they originated from a region at war
(“certificat de région de guerre”) and which allowed them to apply for a temporary authorisation to
work. These authorisations, initially valid for six months, have been extended until 15 June 2000
(see “Work” under “Social Conditions for Asylum Seekers” below).
Rejection at the border
In accordance with the provisions of the Aliens Law, an alien may be refused access to or
removed from the territory if:
– he/she does not possess the necessary travel documents, including a visa if required;
– he/she constitutes a danger to security, tranquillity, public order or public health;
– he/she does not have sufficient means to cover his/her travel and living costs;
– he/she is mentioned in the common list of non-admissible persons under Article 96 of the
Schengen Agreement.
Following amendments to the Aliens Law of August 1995, carriers bringing aliens to Luxembourg
without the necessary travel documents or the required visa may be fined up to LUF 50,000 [EUR
1,239] This does not apply if the alien is allowed entry or if he/she submits an application for
asylum, which is not deemed inadmissible or manifestly unfounded. In practice, sanctions against
carriers have not yet been applied.
Aliens who apply for asylum at border points cannot be rejected, and the border police must
forward their claim to the Ministry of Justice regardless of whether or not they have the necessary
documentation for entering the country.
In practice, due to the absence of control at land borders, border cases occur only at Luxembourg
airport. Generally, applicants are not held at the airport but transferred to the Refugee Reception
Office of the Ministry of Justice, where the asylum application can be formally registered. If they
arrive during a weekend, they may be accommodated temporarily in a shelter (“Foyer Don
Bosco”) or in a hotel.
An alien who claims asylum only after the border police have established that his/her travel
documents were falsified may be detained in the Schrassig detention centre by decision of the
Minister of Justice until his/her removal is feasible. Nevertheless, his/her asylum application will
still be examined. If the Minister cannot be contacted, the alien may be held for a preliminary
period of 48 hours with the approval of the pubic prosecutor’s department. This applies to about
four cases each year.
Submission of the application
According to Section 4(1) of the Asylum Law, an alien may submit an application for asylum
either at the border or once inside the country. In practice, most applications are submitted inside
the country by applicants who have crossed one of Luxembourg’s land borders. All applications
must be forwarded to the Ministry of Justice's Refugee Reception Office.
Once the case has been registered and a file opened by the Refugee Reception Office, the
applicant is heard – generally the same day – by a member of the police (“police judiciaire”) in
order to clarify his/her identity, travel route and his/her initial statements. Adult members of the
same family are usually interviewed separately.
In theory, legal assistance is possible during this initial interview, however this almost never
happens. Interpreters are provided if necessary.
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Luxembourg