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Campaign Update, October 2020 - December 2020

11 January 2021 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Country News

AFFAIRE M.A. c. BELGIQUE (Requête no 19656/18)

The case concerned the applicant’s removal to Sudan by the Belgian authorities in spite of a court decision ordering the suspension of the measure. The Court found in particular that on account of procedural defects attributable to the Belgian authorities prior to the applicant’s removal to Sudan, he had been prevented from pursuing the asylum application that he had lodged in Belgium and the Belgian authorities had not sufficiently assessed the real risks that he faced in Sudan. In addition, by deporting the applicant in spite of the court order to suspend the measure, the authorities had rendered ineffective the applicant’s successful appeal.

27 October 2020 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Deportation / Forcible return - Effective remedy - Refugee status determination (RSD) / Asylum procedures - Suspensive effect | Countries: Belgium - Sudan

Belgium: UNHCR Submission for the Universal Periodic Review - Belgium - UPR 38th Session (2021)

September 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Country Reports

M.N. and Others against Belgium (Application no. 3599/18) Grand Chamber Decision

The Court reiterated that Article 1 (obligation to respect human rights) of the European Convention limited its scope to persons within the jurisdiction of the States Parties to the Convention. In the present case, it noted that the applicants were not within Belgium’s jurisdiction in respect of the circumstances complained of under Articles 3 and 13 of the Convention. The Court also considered that Article 6 § 1 of the Convention was inapplicable in the present case. The entry to Belgian territory which would have resulted from the visas being issued did not engage a “civil” right within the meaning of Article 6 § 1. Lastly, the Court noted that this conclusion did not prejudice the endeavours being made by the States Parties to facilitate access to asylum procedures through their embassies and/or consular representations.

5 May 2020 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Access to procedures - Decision on admissibility - Effective remedy - Jurisdiction - Visas | Countries: Belgium - Lebanon - Syrian Arab Republic

Options Paper 2: Options for governments on open reception and alternatives to detention (first published 2015, revised version 2020)

2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Reports

Avis concernant la proposition de loi n° 55 0574/001 modifiant la loi du 15 décembre 1980 sur l'accès au territoire, le séjour, l'établissement et l'éloignement des étrangers en ce qui concerne la réglementation relative au regroupement familial

12 December 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

USING CRIMINAL LAW TO RESTRICT THE WORK OF NGOS SUPPORTING REFUGEES AND OTHER MIGRANTS IN COUNCIL OF EUROPE MEMBER STATES

December 2019 | Publisher: Council of Europe | Document type: Thematic Reports

Arrêt n° 219 682

11 April 2019 | Judicial Body: Belgium: Conseil du Contentieux des Etrangers | Document type: Case Law | Topic(s): Corruption - Credibility assessment - Security situation - Unaccompanied / Separated children | Countries: Afghanistan - Belgium

Vers une Protection Renforcée des Enfants Non Accompagnés et Séparés en Belgique: État des lieux et recommandations

April 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Reports

Belgium: Ancien code civil, procédure de registration de naissance

31 March 2019 | Publisher: National Legislative Bodies / National Authorities | Document type: National Legislation

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