The man was first sent to the secure centre for undocumented migrants in Vottem, near Liège. A court in Liège ruled that he and a number of other Sudanese migrants could not be deported.
Since the ruling in Liège, the man was moved from Vottem to another secure facility for migrants in Steenokkerzeel.
The 25-year-old Sudanese man’s solicitor says that his detention can no longer be justified after the allegations that Sudanese migrants that had been sent back to Sudan had been tortured. The magistrates agreed and ordered his release.
No one at the office of the Secretary of State responsible for asylum and migration was prepared to respond to the ruling on Wednesday. The Belgian authorities have 24 hours to appeal against the ruling.