Between 2009 and 2024, more than 100,000 Algerians entered the European Union (EU) illegally. The repatriation of illegal Algerian immigrants is complicated by the Algerian authorities' reluctance to provide the necessary travel documents within the required time frame. Neither the EU nor Belgium has signed a readmission agreement with Algeria.
Article 49 of the 2020 Constitution guarantees Algerian citizens the right to enter and leave the national territory. While the Penal Code does not criminalise seeking international protection abroad, Article 175 bis 1 punishes illegal departure from the territory with imprisonment of one to three years and a fine of between 100,000 and 300,000 dinars. Cedoca has found no information on the conviction, on this basis alone, of Algerians who have left the country illegally.
The process of removing foreigners who are not or are no longer authorised to remain on Belgian territory is complex. A valid travel document (passport or laissez-passer) is essential for travelling by plane. Regarding the practical organisation of voluntary return, the Federal Agency for the Reception of Asylum Seekers (Fedasil) collaborates with the International Organisation for Migration (IOM). Neither the Immigration Office (OE) nor the IOM informs the relevant embassies that individuals being returned to their country of origin may have applied for international protection.
Algeria is not one of the main nationalities concerned by the voluntary returns organised by Fedasil. Between 2021 and 2025, the OE organised only one return, in March 2025 for a family of four, while the IOM organised the return of 18 Algerians in 2021, 22 in 2022, six in 2023, nine in 2024 and one in February 2025. The number of forced returns carried out by the OE increased in 2024 (72 compared to 39 in 2022 and 42 in 2023) and stands at 36 for the first half of 2025.
Upon arrival on Algerian soil, checks are carried out by the border police, who verify travel, identity and residence documents as well as the status of the person before their departure. According to most of the sources consulted, travellers who return to Algeria by their own means are generally not subject to thorough checks or prosecution. One source estimates that they may be exposed to ‘ill-treatment’, a practice which has decreased since the Hirak. Individuals who have been expelled or who have left the country irregularly are subject to systematic investigations, the duration and intensity of which vary according to their profile, the length of their unauthorised stay and their status prior to departure. Generally, they do not encounter any major problems if they are not wanted in Algeria or are not listed in European databases.
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.