Publication date: 27 January 2026
This EMN Inform provides an overview of the border procedures currently applied by EMN Member Countries under the Asylum Procedures Directive. It mainly examines the types of procedures, authorities involved, processing times, types of decisions taken, and safeguards for applicants with special needs. The Inform highlights differences in national practices and presents them as they exist prior to the implementation of the mandatory Asylum Border Procedure under the Pact on Migration and Asylum.
Read more
Main theme: International Protection
Publication Type: Informs
Keywords: asylum procedure, application for international protection, border, transit zone, security, detention, vulnerable persons
Publication date: 15 May 2025
This ad hoc query, which informed the preparation of an EMN Inform, collected information on how Member and Observer Countries currently implement asylum border procedures. It covers the main steps of the asylum border procedure, including procedural stages, responsible authorities, legal bases for decisions, measures for vulnerable applicants and security risks, as well as good practices and key challenges.
Read more
Main theme: International Protection
Publication Type: Ad Hoc Queries
Keywords: asylum procedure, application for international protection, border, transit zone, security, detention, vulnerable persons
Publication date: 03 January 2025
This ad hoc query looks into the time limit within which an administrative authority may detain, without judicial review, an applicant for international protection or an irregularly staying third-country national who is subject to return.
Read more
Main theme: Return & Readmission
Publication Type: Ad Hoc Queries
Keywords: detention, judicial review, applicant for international protection, irregularly staying third-country national
Publication date: 05 August 2024
This ad hoc query examines how various EU Member States have implemented Article 15 of the Return Directive (2008/115/EU), Article 8 of the Reception Conditions Directive (2013/33/EU), and Article 28 of the Dublin Regulation (EU 604/2013), all of which pertain to the detention of third-country nationals.
Read more
Publication date: 21 April 2023
The updated AIDA Country Report on Belgium provides a detailed overview on legislative and practice-related developments in asylum procedures, reception conditions, detention of asylum seekers and content of international protection in 2022. Further, the report includes an annex providing an overview of temporary protection.
Read more
Main theme: Asylum
Publication Type: Report
Keywords: asylum procedure, reception condition, detention
Publication date: 16 March 2023
At the beginning of 2023, a coordination meeting of the directors of the Belgian closed detention centers was held. At this meeting, they expressed their concern about the significant increase in the trafficking of drugs inside their centers. That’s why EMN Belgium was asked to launch an ad hoc query in order to gather information on how this issue is addressed in the other Member States.
Read more
Main theme: Return & Readmission
Publication Type: Ad Hoc Queries
Keywords: detention, drug, trafficking of drugs, closed centre
Publication date: 22 December 2022
This ad hoc query, launched by Luxembourg, examines what guidelines, procedures, and possible best practices are in place when LGBTIQ+ individuals are detained.
Read more
Main theme: Vulnerable groups, Return & Readmission
Publication Type: Ad Hoc Queries
Keywords: detention, vulnerable persons
Publication date: 24 September 2020
24 Member States provided information on national laws and practices regarding the detention of families with children in migration procedures, the possibility to detain one of the parents and detention in the context of the age assessment process.
Read more
Main theme: Vulnerable groups, Return & Readmission
Publication Type: Ad Hoc Queries
Keywords: detention, families
Publication date: 05 December 2018
This report critically reviews the Belgian policy on return, detention and removal of foreign nationals and presents recent figures. Just like Myria's latest migration report, the report focuses on issues related to the right to family life of persons in detention. Myria formulates recommendations to improve the respect for the human rights of those persons.
Read more
Publication date: 30 June 2017
UNHCR developed a practical tool called "Stateless Persons in Detention: A tool for their identification and enhanced protection". The purpose of the instrument is to facilitate identification o persons in the context of detention who may be stateless and to support the achievement of solutions to their predicament.
Read more
Main theme: Statelessness
Publication Type: Study
Keywords: statelessness, identification, detention
Publication date: 19 May 2017
In the wake of the refugee crisis and in reaction to terrorist attacks, European governments are seeking tighter control over the whereabouts of migrants and refugees. This policy paper sheds light on EU rules regulating the detention of applicants for international protection, how they are currently implemented by Member States, and the ongoing reform process.
Read more
Publication date: 18 February 2015
18 (Member) States provided detailed national information and available statistical data on the detention and removal of unaccompanied and accompanied minors. This query was launched by the Belgian EMN national contact point.
Read more
Main theme: Vulnerable groups, Return & Readmission
Publication Type: Ad Hoc Queries
Keywords: detention, minor, removal, unaccompanied minors
Publication date: 03 November 2014
This Inform summarizes the main findings of the corresponding EMN study aimed at analyzing Member States’ use of detention and alternatives to detention in the context of immigration policies
Read more
Main theme: Irregular Migration, Return & Readmission
Publication Type: Informs
Keywords: alternative to detention, detention
Publication date: 03 November 2014
This focused study presents an analysis of (Member) States use of detention and alternatives to detention in the context of immigration policies and identifies similarities, differences and good practices in this field
Read more
Main theme: Irregular Migration, Return & Readmission
Publication Type: Thematic Studies
Keywords: alternative to detention, detention
Publication date: 02 July 2014
This focused study examines the use of detention and alternatives to detention in the context of immigration policies in Belgium.
Read more
Main theme: Return & Readmission
Publication Type: Thematic Studies
Keywords: alternatives to detention, detention
Publication date: 15 April 2013
The compilation of responses from 6 Member States to this French ad hoc query provides some useful information inter alia on organisations granted access to detention centres and sites accessible to such organisations.
Read more
Publication date: 24 October 2012
UNHCR issues the Guidelines on the Applicable Criteria and Standards relating to the detention of Asylum-Seekers and Alternatives to Detention pursuant to its mandate.
Read more
Main theme: Asylum
Keywords: detention, alternatives to detention
Publication date: 01 June 2011
Publication of the UNHCR: Legal and Protection Policy Research Series
Read more
Main theme: Vulnerable groups, Asylum, International Protection, Irregular Migration
Publication Type: Study
Keywords: alternatives to detention, detention
Publication date: 11 May 2011
The Centre for Equal Opportunities and Opposition to Racism (Centre) published a report about the respecting of fundamental rights of detainees of the INAD-Centre on Brussels Airport
Read more
Main theme: International Protection, Borders & Visa
Publication Type: Report
Keywords: detention, INAD-centre
Publication date:
The Court of Justice of the European Union (CJEU) has ruled on how maximum detention periods should be calculated for third-country nationals subject to return procedures. It confirmed that all periods of detention related to the same return decision must be aggregated, even if separated by periods of liberty. The Court also clarified that exceeding the initial six-month detention limit requires judicial review, which must be conducted as soon as possible after an extension decision.
Read more
Main theme: Return & Readmission
Keywords: return directive, detention, length
Publication date:
Myria, the Federal Migration Centre, has published a new thematic booklet as part of its annual report "Migration in figures and rights 2025". The publication presents recent figures on return, detention and removal, while analysing major legislative developments in Belgian return policy. It also examines the situation of detainees without legal residence in Belgian prisons and reviews the creation of the National Preventive Mechanism against ill-treatment in detention. According to Myria, return indicators have continued to rise after the pandemic, while new laws significantly expand the use of control and coercive measures.
Read more
Main theme: Return & Readmission
Keywords: return policy, detention, voluntary return, forced return, National Preventive Mechanism, Convention against Torture
Publication date:
In March 2025, the European Commission proposed a regulation establishing a common return system for third-country nationals staying illegally in the EU. Médecins du Monde and PICUM have published a report highlighting potential risks associated with the proposal, particularly concerning access to healthcare and data protection. The report outlines how the proposal may affect the rights of individuals, including vulnerable groups, and raises ethical concerns for professionals. The organisations call on EU lawmakers to ensure that the regulation respects fundamental rights and medical ethics.
Read more
Publication date:
The European Commission’s proposed Return Regulation introduces measures to increase return rates across the EU. These include extended detention periods, returns to non-EU countries with no prior personal ties, offshore “return hubs”, and obligations for individuals subject to return orders. Over 200 civil society organisations have raised concerns about fundamental rights, legal uncertainty, and disproportionate impacts. They call on EU institutions to withdraw the proposal and reject it in its current form.
Read more
Main theme: Return & Readmission
Keywords: return directive, return regulation, return hub, return rate, fundamental right, detention
Publication date:
During a visit to the prison in Beveren, the Secretary of State for Asylum and Migration said that more illegally staying detainees are being sent back directly from prisons, through the work of the return counsellors in the detention facilities.
Read more
Main theme: Return & Readmission
Keywords: return counselling, prison, detention, illegally staying person
Publication date:
The Federal Institute is tasked with regularly examining the situation of persons deprived of their liberty through preventive visits, making recommendations to the competent authorities and proposing legislation and verifying its compatibility with international standards.