The 2011 Penal Code does not contain any provisions criminalising Moroccan nationals who have left the country illegally, sought international protection and/or stayed abroad. Under a 2003 law, the offence of illegal emigration or immigration (applicable to nationals and foreigners alike) is punishable by a fine ranging from 3,000 to 10,000 dirhams and/or imprisonment for between one and six months.
The process of removing foreigners who are not, or who are no longer, authorised to remain on Belgian territory is complex. A valid travel document (passport or laissez-passer) is essential for air travel. Regarding the practical organisation of voluntary return, the Federal Agency for the Reception of Asylum Seekers (Fedasil) states on its website that it cooperates with the International Organisation for Migration (IOM). Neither the Immigration Office (IO) nor the IOM informs the relevant embassies that individuals being returned to their country of origin may have applied for international protection.
According to the figures available on the Fedasil website regarding voluntary returns from Belgium, Moroccans are not among the main nationalities concerned. Between 2023 and March 2025, the IO organised only one voluntary return. Meanwhile, the number of forced returns to Morocco increased from 18 in 2023 to 50 in early 2025.
Border controls are carried out by the border police. No problems have been documented for the period concerned regarding Moroccans expelled or returning voluntarily from Belgium, but available data is limited.
Policy
The policy implemented by the Commissioner General is based on a thorough analysis of accurate and up-to-date information on the general situation in the country of origin. This information is collated in a professional manner from various, objective sources, including the EUAA, the UNHCR, relevant international human rights organisations, non-governmental organisations, professional literature and coverage in the media. When determining policy, the Commissioner General does not only examine the COI Focuses written by Cedoca and published on this website, as these deal with just one aspect of the general situation in the country of origin. The fact that a COI Focus could be out-of-date does not mean that the policy that is being implemented by the Commissioner General is no longer up-to-date.
When assessing an application for asylum, the Commissioner General not only considers the actual situation in the country of origin at the moment of decision-making, he also takes into account the individual situation and personal circumstances of the applicant for international protection. Every asylum application is examined individually. An applicant must comprehensively demonstrate that he has a well-founded fear of persecution or that there is a clear personal risk of serious harm. He cannot, therefore, simply refer back to the general conditions in his country, but must also present concrete, credible and personal facts.
There is no policy paper for this country available on the website.