BELGIUM
441
1. Statistical Data
UNHCR data show the number of Palestinian refugees and asylum seekers in
Belgium.442
Palestinian Refugees and Asylum seekers in Belgium443
2009
2010
2011
2012
2013
Refugees
52
122
76
130
125
Asylum seekers
--
--
13
10
6
UNHCR data also show that there were 10 Palestinian asylum applications
pending in Belgium at the start of 2013 and 27 new asylum applications submitted
by Palestinians throughout the year, with 6 of these rejected and 6 of these cases
pending at the end of 2013. The outcome of the other cases is not reported.444
2. Refugee Status Determination: The Process
Asylum seekers may file applications at the border, an airport, a penitentiary or
a closed reception center. Additionally, an asylum seeker who is already in Belgium
must submit an application for asylum at the Immigration Department (l’Office des
étrangers “OE”) in Brussels within eight days of arrival.445 All applications are first
received by the Immigration Department which registers the applicant, determines
the language of the proceeding – either French or Dutch (interpreters will be provided
to those who speak a foreign language) – and performs a preliminary investigation.
During the preliminary examination, the Immigration Department determines
whether Belgium is responsible for the examination of the asylum application
under the Dublin Regulation or if another EU Member State is responsible. Next,
the applicant is interviewed about his or her identity, nationality, and travel.446 The
applicant completes a questionnaire briefly stating the reasons for fleeing his or her
441
Marjan Claes, lawyer at the Belgian Refugee Aid Committee, and Femke Vogelaar, PhD Student at
University of Amsterdam reviewed and contributed to this section.
442
UNHCR, “UNHCR Population Statistics - Persons of Concern Time Series,” accessed August 21,
2014, http://popstats.unhcr.org/PSQ_TMS.aspx.
443
UNHCR, “UNHCR Population Statistics - Asylum Seekers Status Determination,” accessed September
22, 2014, http://popstats.unhcr.org/PSQ_RSD.aspx. However, the number of Palestinian refugees
and asylum seekers in Belgium might be higher, since they can be registered with nationality
“undetermined” (“onbepaald”) (information provided by Marjan Claes).
444
Ibid.
445
Though the fact that an asylum applicant applies for asylum after 8 days can never be the sole
reason for rejecting the asylum application (EU Asylum Procedures Directive), it can be used as one
of many arguments rejecting an asylum applicant. The Commissioner General will argue that the
fact that an asylum applicant applied for asylum too late does not support the existence of a wellfounded fear of persecution, otherwise the person would have sought protection immediately.
Information provided by Femke Vogelaar.
446
Ibid.
Survey of Protection at the National Level
91
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