Judges granted access to confidential files on dangerous foreign nationals

Judges at the Council for Alien Law Litigation will soon be able to consult confidential information from the State Security Service when ruling on cases involving potentially dangerous foreign nationals. The federal cabinet gave the green light for the measure on Friday.

“As long as judges cannot see or assess the evidence against dangerous individuals, how can we protect the safety of our citizens? People who pose a threat to our society should not be able to avoid return because of a legal loophole,” said Minister for Asylum and Migration Anneleen Van Bossuyt.

Legal loophole

Currently, the Council for Alien Law Litigation faces a legal obstacle. When migration authorities rely on confidential information from the State Security Service to refuse or withdraw someone’s residence permit, judges cannot access that information during appeal proceedings.

As a result, the Council sometimes overturns such decisions—not because they are substantively incorrect, but because the judge is unable to verify the underlying evidence.

According to Minister Anneleen Van Bossuyt, the reform restores judicial oversight while strengthening the rule of law: “We are ensuring that judges can fully exercise their supervisory role and have all the necessary information at their disposal to make a sound decision.”

Rights of foreign nationals remain protected

According to the government, the reform does not alter the rights of foreign nationals during appeal proceedings. Their right to access the case file remains intact, as does their right to a full defence.

The measure is also in line with European case law. Under the principle of equality of arms, each party in a dispute must be able to review the documents submitted to the judge. However, the Court of Justice of the European Union has ruled that exceptions may be allowed in certain situations, particularly when national security interests are at stake.

Broader reform of the Council

The measure forms part of a broader reform of the Council for Alien Law Litigation, in preparation for the EU Migration Pact, which will enter into force in June.

Among other things, the government plans to shorten processing times, limit the length of procedural submissions and strengthen written procedures. Additional measures are also intended to reduce the significant backlog of cases.

The reform should also lead to greater consistency in case law. At present, there are considerable differences between the Dutch-speaking and French-speaking chambers: in asylum cases, 87% of appeals are rejected on the Dutch-speaking side, compared with 67% on the French-speaking side.