Admissibility procedure
The CGRS can declare an application for international protection inadmissible and takes a decision of inadmissibility in that case.
For applications filed before 12 June 2026, 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.
For applications filed after 12 June 2026, the following situations apply:
- First country of asylum: the applicant is already enjoying actual protection in a first country of asylum, unless (s)he provides elements showing that (s)he can no longer rely on this protection or cannot be readmitted to the territory of that country. A country may be considered as a first country of asylum if the applicant has been recognized as a refugee in that country and can still enjoy that protection. This may also involve another type of actual protection, including the enjoyment of the principle of non-refoulement.
- Safe third country: the applicant has a connection to a third country, has travelled through the country, or there is a readmission agreement with the third country. It must be plausible that the applicant will be admitted to this country. In this third country, the applicant’s life and freedom are not threatened because of race, religion, nationality, membership in a particular social group, or political opinion, and there is no real risk of suffering serious harm. The third country must observe the prohibition of refoulement and guarantee access to an asylum procedure with the possibility of applying for refugee status or a similar status. If granted, the applicant must be able to count on effective protection.
- International protection in an EU Member State: the applicant already enjoys international protection (refugee status or subsidiary protection status) in another Member State of the European Union.
- Subsequent application: the applicant files a subsequent application for international protection, and there are no new elements that significantly increase the possibility of being granted protection status. Otherwise, the CGRS takes a decision declaring the application admissible.
- Safe resettlement by an international criminal court: an international criminal court has arranged for the applicant’s safe resettlement to a Member State or a third country or is unequivocally taking steps to that effect, unless new relevant circumstances have arisen that the criminal court or tribunal did not take into account, or there was no legal possibility to invoke circumstances relevant to internationally recognized human rights standards before that international criminal court.
- Application filed more than 7 working days after an order to leave the territory: the applicant filed an application more than seven working days after the date of receipt of the return decision, provided that no new relevant elements have emerged since the expiration of that period.
The applicant is invited at least once to a personal interview, with a possible exception for the subsequent application. For applications filed from 12 June 2026, a personal interview may be cancelled if the CGRS considers the application inadmissible because a Member State other than Belgium has granted the applicant international protection. 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 two months after the application has been filed. Again, this is an indicative period. 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