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

Legal aid
In accordance with the provisions regarding the Belgian free legal aid system, asylum seekers
have access to free legal aid at all stages of the procedure.
Unaccompanied minors
Unaccompanied minors are subject to the same procedure as adults. No special facilities are
provided, although in practice, interviews are frequently adapted to take account of their age.
In the event of a negative decision being taken under the admissibility or the normal
determination procedure, the Aliens Office often waits until the minor reaches the age of 18
before removing him or her from the territory. However, even if they are not deported, rejected
unaccompanied minors are left without any documentation or residence permits, thus making
their position very insecure.
Accommodation and social rights for unaccompanied minors are described under “Social
Conditions for Persons under Temporary Protection” below.
In 1999, 1,939 unaccompanied minors applied for asylum in Belgium (1,883 in 1998).
Female asylum seekers
There are no provisions in the asylum legislation regarding the processing of applications
submitted by women. Female interviewers and interpreters are normally provided, especially if
requested by the applicant.
Final rejection
Detention
Asylum seekers whose application has been rejected by a final decision are given five days under
the admissibility procedure and 30 days under the normal determination procedure to leave
voluntarily the country. If they remain in Belgium after the expiration of this time limit, an expulsion
order may be enforced by the police.
Although it stirred up great concern among the public opinion, the death, in 1998, of a rejected
Nigerian asylum seeker (Semira Adamu) in the hands of the police, who attempted to expel her
by force, has led to limited changes in the expulsion policy. Amongst some other decisions, an
internal note now forbids the use of a cushion during expulsion proceedings.
Rejected asylum seekers may apply for a residence permit “under exceptional circumstances”
pursuant to Section 9(3) of the Aliens Law. If they do not fulfil the conditions for obtaining a
residence permit but cannot be removed or deported (usually because their countries of origin
refuse to re-admit them or because of disturbances there), they will stay in Belgium without a
temporary residence permit or any legal status, and will therefore be in a situation of legal
uncertainty and insecurity.
Asylum seekers
According to Section 74/5 of the Aliens Law, border asylum seekers who are undocumented or
whose identity cannot be established can be detained in a detention centre (“centre fermé”)
during the processing of their claim under the admissibility procedure. In-country applicants who
entered the country illegally may also be detained during this period, but this is rather exceptional.
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Belgium