22
Europe and Central Asia
Summary of Amnesty International’s Concerns in the Region, January – June 2007
spokesperson for UNHCR, the UN refugee
agency, has raised concerns that the new
procedures are more formalised than the
previous process, rely more heavily on
written submissions and have shorter
submission deadlines. As a result, asylumseekers may be at greater need of
specialist
legal
representation
which,
particularly in the case of those held in
detention centres, can be difficult to obtain.
The new law also increases the grounds on
which asylum-seekers can be held in
detention.
The new law has also been criticised by
human rights organisations, particularly
those working with migrants, for failing to
address the problems of irregular migrants
seeking regularisation of their status.
According to figures cited in the press, the
number of asylum demands fell by 27 per
cent in 2006 compared to 2005, to produce
a total of 14,648. This is the lowest figure
in 15 years and follows a consistent falling
tendency seen since 2000.
There are
estimated to be around 100,000 irregular
migrants in Belgium.
According to media reports 16 of the
Afghan asylum-seekers occupying the
Minimes church in Brussels (believed to be
between 60 and 100 people in total) went
on hunger strike in March, protesting at the
difference in treatment of Afghan asylumseekers arriving before and after 2003.
Those arriving before 2003 had been
entitled to a renewable six-month residence
permit which was frequently replaced by
permits of undetermined duration after two
years. Those arriving after 2003 were not
entitled to such measures, although they
still had the right to seek asylum. The
hunger strike ceased after assurances were
given that their claims for asylum and/or
subsidiary protection would be heard. AI
does not have any further information on
whether their asylum claims were accepted.
In June, the case of an Iraqi couple seeking
asylum in Belgium came to public attention.
In December 2004 they fled Iraq,
describing how they had suffered death
threats as a result of sectarian conflict, and
travelled to Greece where they were
Amnesty International
detained for three months on the grounds
of illegal entry. They applied for asylum,
but this was rejected in the first instance
decision.
They were unable to appeal
because Greece has suspended all decisionmaking on Iraqi cases at the appeal level
since 2003. They were ordered to leave the
country.
In November 2005, the couple travelled to
Belgium, where their son was living legally.
On arrival they applied for asylum and were
held in detention by the Belgian authorities,
who argued that Greece was responsible for
their asylum claim under the so-called
Dublin II Regulation, which establishes
criteria and mechanisms for determining
which European Union (EU) state will
examine an asylum application.
The
Belgian authorities sent the couple back to
Greece, where they were held for two
weeks at the airport before being issued
with an order to leave the territory on the
grounds that their case had already been
decided on and was closed.
In 2007 they travelled to Belgium again and
were detained upon arrival on February 7.
UNHCR has called on the Belgian authorities
to allow the couple to remain. On 8 June a
final decision was made by the Belgian
authorities and they were released from
detention on 15 June. At the time of writing
AI was not aware of whether they had been
granted asylum or not.
Children continued to be detained in closed
centres for failed asylum-seekers and
irregular migrants pending return to their
country of origin. A study published in April,
commissioned by the Minister of the
Interior, concluded that such centres were
not suitably equipped for the detention of
children and that child-friendly family
centres should be created.
The report
failed to analyse possible alternatives to
detention for children.
Discrimination
On 20 June the Centre for Equal
Opportunities and Against Racism (Centre
pour l’égalité des chances et la lutte contre
AI Index: EUR 01/010/2007
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