The study highlights inter alia that:

• When a decision to detain, or instead to apply an alternative to detention, is made, several criteria are taken into account, including the suitability of the alternative compared to the needs of the individual case, the cost-effectiveness of the detention and the availability of places in the detention centres, the probability of return, the risk of absconding and the vulnerability of the third-country national and the impact on human rights. Concerning the risk of absconding, the Court of Justice of the European Union stated that it is essential that the criteria which define the existence of such a risk, which constitute the basis for detention, are defined clearly by an act which is binding and foreseeable in its application.
   
• On 1 June 2021, the Immigration Office established a new department ‘Alternatives to Detention (ATD)’. The department is responsible for the development and implementation of alternatives to detention. In October 2021, the department opened its first office as part of the Individual Case Management (ICAM) coaching trajectory, whereby ICAM coaches assist persons in irregular stay towards a long-term solution, either a legal stay in Belgium or a return.
   
• Alternatives to detention applied in practice in Belgium include the extension of the deadline for leaving the territory and community management programs where individuals live independently in the community and are assisted by a case manager (family units).
   
• In Belgium, the Council Chamber and the Indictments Chamber (together with the Cassation Court) have jurisdiction to verify the legality and subsidiarity of the deprivation of liberty. Some national stakeholders underline the lack of substantial judicial review when appealing a detention decision.
   
• Belgian practice and policy pay special attention to certain categories of vulnerable persons, including children, families with minor children and other groups such as disabled and elderly persons, pregnant women, persons with serious illness or mental disorder etc.

For further information on detention and alternatives to detention in Belgium, please read the national study on this page. You will also find a synthesis report to obtain comparative information at EU level on the subject.