Pursuant to the Residence Act, the Belgian government has the theoretical possibility to start taking a freedom depriving measure in a whole number of cases:
- at the border while attempting to enter Belgium
- in Belgium with a view to leading back to the border
- in certain asylum procedures
- In the form of administrative arrest of an alien without an identity document
- in the context of maintaining public safety
- under a removal measure taken by a foreign government
The imposition of a deprivation of liberty measure is an exceptional measure that can be imposed by the minister (or secretary of state) of asylum and migration and/or the Immigration Department depending on the measure.
In principle, a deprivation of liberty measure may last up to two months but can be extended to up to eight months in certain cases.
Given the exceptional nature of this measure, the regularity of a deprivation of liberty shall be monitored by the territorially competent council chamber of the place where the Alien resides or was found.
Frontline Lawyers is happy to assist you and in this type of case, in certain cases, also act in second-line legal assistance.
Therefore, when incarcerated in a detention center, do not hesitate to always contact a lawyer in order to verify the regularity of the deprivation of liberty.
At Frontline Lawyers, we believe that everyone should have access to adequate legal assistance. If you do not have the financial resources to pay for a lawyer, you can use second-line legal assistance under certain conditions.
However, in order for the Frontline Lawyers team to work for you free of charge, a decision from the Legal Aid Office is required. To do so, you must provide information about the income of yourself and your family members. Frontline Lawyers will be happy to guide you through this application in this case.[1]
[1] Any treatment of a file in second-level legal assistance is always subject to the express approval of Frontline Lawyers. Frontline Lawyers always reserves the right to refuse treatment of a file in second-line legal assistance.
