The General Commissioner for Refugees and Stateless Persons (CGVS) will soon no longer be independent in deciding the type of protection asylum seekers receive. Under a new system, the competent minister can intervene in decisions.
The CGVS will become part of a new government service for migration under the supervision of the relevant minister, De Standaard reported on Thursday. In this case Anneleen Van Bossuyt (N-VA) will be able to intervene as Minister of Asylum, Migration, and Integration.
The coalition agreement specifies that "the protection policy falls under the political responsibility of the relevant minister". Van Bossuyt wants to influence decisions on which groups qualify for refugee status or subsidiary protection. If the influx of asylum seekers becomes too large, she could grand more subsidiary protections, which entail fewer obligations.
Bossuyt said the measure will allow for "much more balance" in granting statuses and managing arrivals. The coalition agreement states that the minister will not intervene in individual cases.
'Big mistake'
Three former general commissioners of the CGVS contacted De Standaard to express their concerns. Dirk Van den Bulck, Pascal Smet (Vooruit) and Marc Bossuyt call the upcoming reform "a big mistake".
"Today, CGVS decides independently from politics who qualifies for asylum," Van den Bulck stated. "This not only creates more legal certainty but also prevents political debate over every decision regarding who deserves protection."
Deciding whether someone receives protection as a refugee or subsidiary protected person is "a legal, not a political decision", Van den Bulck further stated in the newspaper. "This is based on laws and international agreements." He warns of potential lawsuits and delays.
However, Van Bossuyt’s office dismissed these concerns as unfounded. "By ensuring more consistency in decisions, improving cooperation between services and providing a more efficient legal framework, the asylum procedure will actually be accelerated, without compromising legal certainty or independence," a statement to Belga News Agency read.
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"This benefits society, asylum seekers, and our legal system. The government remains in consultation with all involved parties to implement these reforms in a workable manner."
Several experts previously criticised the Arizona coalition's aspiration to implement the strictest asylum and migration policies ever. They warn residence rights will become even more precarious, family reunification policies will be tightened, and the risk that refugees who have obtained international protection under the Geneva Convention will be separated from families is heightened.
