European Pact on Asylum and Migration

Who is subject to screening ?  

1. Applicants for international protection at the border;  

2. Applicants for international protection on the territory, insofar as they are staying illegally on the territory and have not previously been screened (screening at the Immigration Office registration centre);  

3. Third-country nationals staying illegally on the territory, insofar as they have not previously been screened. 

What is checked during the screening ?  

During the screening procedure, several checks are carried out, including verification of the person’s identity, assessment of possible security risks, a health check, and a preliminary vulnerability assessment. 

Who carries out the screening ?  

The Belgian Immigration Office has been designated as the screening authority and works together with screening partners to carry out these screenings, namely the police services and Fedasil. 

A New Independent Monitoring Mechanism 

The Pact requires Member States to designate an independent body to monitor compliance with fundamental rights during the screening process and the border procedure. 

For the Belgian Immigration Office, this role will be fulfilled by the Federal Ombudsman.  

Under the Pact on Asylum and Migration, the current Dublin Regulation is replaced by the Asylum and Migration Management Regulation (AMMR). 

The purpose of this regulation is to accelerate the procedures for determining the Member State responsible and carrying out transfers, while at the same time ensuring a better balance between responsibility and solidarity among Member States and reducing secondary movements. 

Determination of the Responsible Member State 

The core principles of the Dublin system largely remain unchanged. Only one Member State is responsible for examining an application for international protection. 

As a general rule, applications are examined by the country of first entry or legal stay. However, other criteria, such as family ties or a recently obtained diploma in an EU Member State, may result in another Member State becoming responsible for examining the application. 

Permanent Solidarity Framework  

A new solidarity mechanism has been established between Member States. 

Through an annual cycle coordinated by the European Commission, Member States facing migratory pressure or a significant migratory situation will be identified, and the forms of solidarity they can receive from other Member States will be determined. 

AMMR for Unaccompanied Minors  

When determining the responsible Member State for minors, priority will be given to family reunification. 

Where family reunification in Belgium is not possible, unaccompanied minors may also be transferred to the Member State where they first lodged an application for international protection. 

The best interests of the child remain the primary consideration. An individual Best Interests Assessment must be carried out before any transfer decision is taken. 

Eurodac is the central European database containing biometric data of applicants for international protection and third-country nationals who have irregularly crossed the EU’s external borders. 

The database will be significantly expanded, with additional functionalities, evolving from a simple database into a case management system. 

Not only will new categories of persons be included, such as persons staying illegally on the territory, but additional identity data and identity documents may also be stored. Security flags may be added, and certain procedural steps may be recorded. 

Furthermore, the minimum age for the collection and storage of biometric data will be lowered from 14 to 6 years. 

The Pact on Asylum and Migration requires Member States to provide applicants with free legal assistance from the beginning of the international protection procedure. 

The Belgian Immigration Office will provide legal counselling during the first phase of the procedure at the registration centre. This includes, among other things, guidance and information about the procedure and assistance with lodging the application. 

The provision of individual legal advice on the substance of the case remains reserved for (legal aid) lawyers, whom applicants may consult as soon as their application has been lodged. 

The Pact provides for mandatory audio recording of the personal interview conducted by the Office of the Commissioner General for Refugees and Stateless Persons (CGRS). 

At the Belgian Immigration Office, only interviews conducted in the context of determining the responsible Member State under the AMMR will be recorded. For this purpose, the Immigration Office will use dedicated software specifically developed for this task. 

Certain applications for international protection will be processed under an accelerated procedure. 

This concerns, among others, applications submitted by persons originating from countries with a recognition rate of 20% or lower, based on the latest annual Eurostat averages available. 

The accelerated procedure may also be applied for other reasons, for example where the application contains elements of abuse, where security concerns exist, or where the application constitutes a subsequent application containing new elements. 

For more information, please consult the following webpages: 

• International Protection Procedure (Belgian Immigration Office website)  
• Office of the Commissioner General for Refugees and Stateless Persons (CGRS)  
• Fedasil  
• Council for Alien Law Litigation (CCE / RvV)  
• European Commission