Francken clashes with judiciary as man's repatriation is halted

The Council for Alien Law Litigation has ordered that an undocumented man who was staying in a closed centre in order to be repatriated, be released. This is because he is awaiting his trial in Belgium, and to let the court do its work, the judge argued. Asylum Secretary Theo Francken wants the man out, and is considering to launch an appeal. 

The man was arrested at a police check point last May. He wanted to avoid the check and tried to flee the scene with his vehicle. It looked as if he deliberately wanted to hit a police officer in the act. Having been charged with intentional manslaughter, he was put behind bars in Ghent Prison but released on bail later on. 

However, as he was staying in Belgium illegally, he was sent to a closed asylum centre in Bruges to be repatriated. The Council has ruled that he has to be released to let his trial in Belgium take place first: if he is transferred to his country of origin, this would not be possible.

However, Theo Francken does not agree. He says that the first argument should be that the man is staying here illegally, and that he should be repatriated. He is considering launching an appeal.