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

Final rejection
Detention
Asylum seekers whose application has been rejected by a final decision are usually notified of a
request to leave the territory voluntarily within one month (“invitation à quitter le territoire”),
although this time limit may, in certain cases, be extended to three months. In principle, the police
may enforce a deportation measure, although this has not happened so far.
Rejected asylum seekers are not entitled to receive social assistance from the Government’s
Commission for Aliens (“Commissariat du Gouvernement aux Etrangers” – CGE, see under
“Social conditions for asylum seekers” below). In some cases, however, they may be granted
food baskets or a very limited financial support.
Rejected asylum seekers may, in some cases, be granted residence permits on humanitarian
grounds or benefit from the status of tolerated residence.
Asylum seekers without documents or with forged travel documents may be held at the Schrassig
detention centre upon their arrival in Luxembourg. The detention period is normally limited to one
month, but this one-month period can be renewed twice.
In addition, in order to ensure the enforcement of a decision of transfer to another EU country on
the basis of the Dublin Convention, single adults as well as male heads of families may be
detained the day before their transfer. For the same reason, families may be detained in a special
institution on the day of the transfer. Asylum seekers subject to the implementation of the Dublin
Convention, who refuse to co-operate with their transfer, may also be detained.
However, at the time of writing (May 2000), the Luxembourg authorities do not resort to these
detention measures against asylum seekers.
Rejected asylum seekers can be dealt with under the provisions of Section 15 of the Law of 28
March 1972, according to which an alien who cannot be removed from Luxembourg for practical
reasons can be held “at the Government's disposal” until removal can be effected. Administrative
detention in the Schrassing detention centre must not exceed one month although, if absolutely
necessary, it can be renewed twice by the Ministry of Justice. The decision to detain may be
appealed to the Administrative Court within one month. The Court must render its decision within
ten days. It is also possible to lodge a further appeal with the Administrative Court of Appeals
within three days of notification of the Administrative Court’s negative decision. Again, the Court
of Appeals must make its decision within ten days.
Application from abroad
There are no provisions for the submission of an asylum application to a diplomatic
representation of Luxembourg abroad, and such applications are therefore refused (two cases in
1999).
Family reunification
There is no legal regulation regarding family reunification for non-EU foreigners living in
Luxembourg.
Convention refuges, according to administrative practice, are entitled to family reunification with
their spouses and minor children. Reunification with children over 18 years of age and with
parents may also be allowed provided that they are dependants of the refugee living in
Luxembourg. In principle, unaccompanied minors staying in Luxembourg are not entitled to
reunification with their family, as it is considered that the minor should join his/her parent abroad.
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Luxembourg