Immigration, in Belgium minor children are no longer grounds for granting asylum

Brussels – Children as a “shield” for justice and the possibility of avoiding requests to leave the country? No thanks. Belgium is revising its rules on international protection, tightening its grip on the right to family reunification. The federal government—a coalition of Flemish nationalists (N-Va), French-speaking liberals (Mr), French-speaking Christian Democrats (Les Engagés), Flemish Christian Democrats (CD&V), and Flemish Socialists (Vooruit)—has introduced new rules whose legitimacy remains to be proven. 

According to the new national regulations, as of today (4 August), the right to accommodation will be revoked for asylum seekers who reapply without new elements through a minor child after an initial refusal. The Minister for Asylum and Immigration, Anneleen Van Bossuyt (N-Va), argues that this will “put an end to the use of minors to prolong procedures and accommodation.” 

In matters of immigration and family reunification, the Court of Justice of the EU has been called upon several times in recent years to give its opinion. There is already case law and law produced by judgments, which have on several occasions  upheld the supremacy of children’s law. It will therefore be necessary to wait and see how and whether the new Belgian regulations will contradict EU law and case law. In the meantime, Belgium turns over a new leaf and launches an anti-accommodation policy. 

As of 4 August, the people who have received protection elsewhere in the EU will no longer be admitted to the Belgian reception system. This means no accommodation in the facilities, and a “de facto” obligation to leave the country to go to where international protection has been obtained.