Double punishment? The revocation of a residence permit after a criminal conviction in Belgium

• In Event: Foreign nationals in the criminal justice system

Abstract

Foreign national prisoners can lose their right of residence in Belgium following a criminal conviction. Since 2017, such revocation of a residence permit is possible even if the person was born in Belgium, after an administrative procedure. This presentation maps these administrative decision-making practices. In addition, based on ethnographic fieldwork in immigration detention, it studies how the revocation of a residence permit is experienced by those who were subjected to these decision-making practices. It is shown that decisions regarding loss of residency rights and forced return are high-stakes decisions that are perceived as highly illegitimate. Moreover, the decision-making takes place mostly at a distance and incarcerated persons feel that their side of the story is not taken into account. This can be related to the nature of administrative proceedings. For example, in Belgium, the (administrative) court rarely has full jurisdiction, which prevents a substantive reassessment of a file/a story. In this way, frustrations and feelings of illegitimacy among incarcerated persons are only amplified.

Author

• Lars Breuls, Vrije Universiteit Brussel