Asylum in Belgium

Asylum process

Any foreigner arriving in Belgium may apply for asylum. But not everyone will be recognised as a refugee. The asylum seeker has to go through the asylum process first. As the asylum authorities examine the applicant’s case, the asylum seeker is entitled to material help at the reception centre assigned to him or her. The Dispatching Service of Fedasil assigns this centre.

The asylum seekers are not obliged to stay at the reception centre to which they were assigned but the majority prefer this solution. If an asylum seeker chooses not to stay at a reception structure then s/he will not receive any material help. The asylum seeker does retain the right to medical assistance.

Asylum seekers are housed in collective centres as well as in individual dwellings. The reception structures of Fedasil and its partners constitute a network of more than 18,000 beds.

Once a final decision has been made in the asylum seeker’s case, in most instances this will mark the end of the applicant’s right to a place to stay. After a positive decision the refugee will receive a residence permit and will have to go in search of his or her own accommodation. A negative decision means the refugee has to leave Belgium. During the procedure and after a negative decision Fedasil offers asylum seekers the option of a voluntary return.

Asylum procedure

Foreigners who arrive in Belgium and apply for asylum in effect request the protection of the Belgian authorities. During the asylum procedure the Belgian State examines whether the foreigner’s request is legitimate and whether the asylum seeker is effectively entitled to this protection. The Geneva Convention (1951) lays down the conditions that must be satisfied. A refugee is someone who genuinely fears being persecuted for reasons of race, religion, nationality, political conviction or allegiance to a particular social group.

Since 2006, in addition to the refugee status, the so-called 'subsidiary protection status’ has been created. This status can be attributed to asylum seekers who do not meet the criteria for recognition as a refugee but who are in a dangerous situation and who can demonstrate that by returning to their country of origin they run a real risk of serious harm.

Please refer to the website of the Commissioner General for Refugees and Stateless Persons for more information about the asylum procedure: www.cvgs.be