country of origin.447 At this time, applicants may apply to the legal aid bureau for a
lawyer free of charge or engage a lawyer at their own expense. However, during the
interview with the Immigration Department, lawyers may not be present. In practice,
the legal assistance available is often deficient due to asylum seekers being referred
to inexperienced lawyers and due to structural flaws in the legal aid system.448
If the asylum seeker files an application at the border without the necessary
documents to enter Belgium, he or she will be held at the border while awaiting
the processing of the application.449 Asylum seekers who have filed an application
inside Belgian territory with the Immigration Department will be assigned to a
reception center by Fedasil (Federal Agency for the Reception of Asylum seekers).
The asylum seeker will be provided with material assistance in accordance with
the Reception Law of 2007, including food, accommodation, clothing, medical/
psychological care, legal assistance, language assistance, and a daily allowance.450
After 4 months in a reception center, asylum seekers can request to move to
individual housing provided by social services or an NGO, and they can continue
to receive other benefits.451
Since January 2010, asylum seekers are allowed to work if they have not received
an initial or “first instance” decision within six months. These six months do not
include the time for pursuing an appeal.452 Additionally, asylum seekers in reception
centers are allowed to take classes and can earn a small income from jobs within the
center.453
After the Immigration Department has registered an application and completed
the preliminary examination, the case will be transferred to the Office of the
Commissioner General for Refugees and Stateless Persons (Commissariat général
aux réfugiés et aux apatrides “CGRA”), which will examine the merits of the case.
At least one interview will be scheduled by the CGRA as part of the refugee status
determination. The interview will focus on the reasons for leaving the country of
origin. The lawyer is allowed to be present during the CGRA interview, and at the
end of the interview, the lawyer is given the opportunity to make comments.454 At
Ibid.
Ruben Wissing, National Country Report: Belgium (ECRE/AIDA, June 2014), 76, http://www.
asylumineurope.org/sites/default/files/report-download/aida_-_belgium_second_update_
uploaded.pdf.
449
Ibid., 34.
450
Ibid., 54; see also State of Belgium, “Loi Du 12 Janvier 2007 Sur L’accueil Des Demandeurs D’asile et de
Certaines Autres Catégories D’étrangers [French],” January 12, 2007, http://fedasil.be/sites/5042.
fedimbo.belgium.be/files/01_loi_du_12_janvier_2007_sur_laccueil_des_demandeurs_dasile_et_
dautres_categories_detrangers_0.pdf, Articles 3 and 18.
451
Ruben Wissing, National Country Report: Belgium, 57; State of Belgium, “Loi Du 12 Janvier 2007
Sur L’accueil Des Demandeurs D’asile et de Certaines Autres Catégories D’étrangers [French],”
Article 12(1).
452
Information provided by Femke Vogelaar.
453
Fedasil, “About the Reception Centres,” accessed November 17, 2014, http://fedasil.be/en/
content/about-reception-centres-0.
454
Information provided by Femke Vogelaar.
447
448
92
Handbook on Protection of Palestinian Refugees
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