Admissibility procedure

Admissibility procedure

The CGRS can declare an application for international protection inadmissible and takes a decision of inadmissibility in that case.

This involves the following situations:

• First country of asylum: the applicant already enjoys real protection in a first country of asylum, unless he or she presents elements that prove that he or she cannot avail him- or herself any longer of this protection or that he or she cannot be readmitted to the territory of this country. A country can be considered as a first country of asylum when the applicant is recognized as a refugee in that country and if he or she can still enjoy that protection. It may also involve another type of real protection, including the principle of non-refoulement.
• Safe third country: the applicant’s relationship with a third country is of such nature that it is reasonable to expect that he or she goes to this country and can obtain protection over there. It must be likely that the applicant is admitted to this country. In this third country, the applicant’s life and freedom are not threatened because of his race, religion, nationality, political convictions or because he belongs to a particular social group and there isn’t any risk of suffering serious harm. The third country must respect the principle of non-refoulement and guarantee access to the asylum procedure, including the possibility to apply for refugee status or a similar status. If the status is recognized, the applicant must be able to count on efficient protection.
• International protection in a member state of the EU: the applicant already enjoys international protection (refugee status or subsidiary protection status) in another member state of the European Union.
• EU citizen: the applicant is a citizen of a member state of the European Union or of a state that is a party to a treaty of accession to the European Union that has not yet come into force.
• Subsequent application: the applicant files a subsequent application for international protection and there aren’t any new elements, as a result of which the granting of a protection status becomes considerably more likely. In the other case, the CGRS decides that the application is admissible. Link subsequent application.
• Accompanied minor: the minor alien does not present personal facts that justify a separate application, after an application for which a definitive decision was taken, was filed on his behalf. In the other case, the CGRS decides that the application is admissible.

The applicant is invited at least once to a personal interview, with a possible exception for the subsequent application. The accompanied minor is interviewed, assuming that his age, maturity and vulnerability allow this. The period between the sending of the invitation letter and the date of the personal interview is at least two days.

The CGRS takes an inadmissibility decision within 15 working days after the application has been received from the Immigration Office. If the concept of ‘first country of asylum’ applies, the processing period is six months. A processing period of ten working days or two working days in case of detention, applies to subsequent applications. Again, these are indicative periods. Only for subsequent applications and accompanied minors, it is possible to take an admissibility decision, if it is impossible to take an inadmissibility decision.

The applicant can file an appeal in full jurisdiction with the CALL against an inadmissibility decision. The appeal must be filed within ten days after the decision has been notified. The appeal period is five days in case of a subsequent application in case of detention.

Other specific procedures