Granting protection status
Two types of decisions give a right to asylum and residence in Belgium:
- granting of refugee status
- granting of subsidiary protection status: if the applicant does not fulfil the conditions for recognition as a refugee, but still risks serious harm if (s)he returns to his/her country of origin.
Refusal of a protection status
Several decisions of refusal are possible.
Refusal to grant refugee status and refusal to grant subsidiary protection status
The CGRS can refuse an application:
- if the statements lack credibility
- if the fear of persecution is unfounded
- if protection is available in the country of origin
- if an internal flight alternative is available in the country of origin
- if there is no risk of serious harm.
Decision declaring the application inadmissible
If an admissibility procedure applies, the CGRS can declare the application to be inadmissible.
Decision declaring the application manifestly unfounded
If an accelerated procedure applies, the CGRS can consider an unfounded application to be manifestly unfounded.
Decision declaring that the application has been explicitly or implicitly withdrawn (explicit and implicit withdrawals)
In the case of an explicit withdrawal, the applicant himself/herself indicates that (s)he is renouncing his/her application for international protection
In the case of an implicit withdrawal, the applicant does not explicitly state that (s)he is withdrawing his/her application, but the situation is such that it can be concluded that the application has been withdrawn. For example, when:
- the applicant is absent from the personal interview and does not give a valid reason for his/her absence within a specified time;
- the applicant fails to respond to a request for information within a specified time;
- the applicant returns to his/her country of origin.
Decisions of refusal under the border procedure
When an application is lodged at the border, a specific procedure applies in which the CGRS can take certain types of decision within a fixed time limit.
Refusal on grounds of exclusion
The CGRS concludes that the applicant is excluded from the definition of a refugee or a person eligible for subsidiary protection if there are serious grounds to consider that:
- (s)he has committed a crime against peace, a war crime or a crime against humanity, as defined in international criminal law and international humanitarian law, or
- (s)he has committed acts contrary to the purposes and principles of the United Nations.
The CGRS concludes that the applicant is excluded from the definition of a refugee if there are serious grounds to consider that (s)he has committed a serious non-political crime outside of Belgium before being admitted as a refugee in Belgium.
The CGRS concludes that the applicant is excluded from the definition of a person eligible for subsidiary protection if there are serious grounds to consider that:
- (s)he committed a serious crime prior to his/her arrival on the territory or was convicted of a serious crime after his/her arrival or
- (s)he is considered a threat to society or to national security.
The CGRS can also conclude that the applicant is excluded from the definition of a person eligible for subsidiary protection:
- if the applicant e has committed in his/her country of origin a crime that does not fall within the existing exclusion grounds but would be punishable by imprisonment in Belgium and
- if the applicant only left his/her country of origin to escape punishment for this crime .
In each case, the CGRS advises the Immigration Office on the removal.
Revocation of international protection
Revocation
The CGRS decides to revoke a protection status if the person concerned has obtained the status by fraud or if he/she is or should have been excluded from protection.
The CGRS also revokes refugee status if:
- the person concerned has been finally convicted of a particularly serious crime and constitutes a danger to society or
- there are reasonable grounds for regarding the person concerned as a danger to national security; or
- if fraud has been committed during the asylum procedure.
Revocation on cessation grounds
The CGRS revokes refugee status if the person concerned ceases to be a refugee:
- the person concerned voluntarily avails himself/herself of the protection of the country of nationality;
- the person concerned voluntarily reacquires his/her nationality after losing it;
- the person concerned acquires a new nationality;
- the person concerned voluntarily establishes himself/herself in the country where (s)he feared persecution;
- the circumstances leading to his/her recognition as a refugee have ceased to exist. (The change in circumstances is sufficiently significant and permanent to eliminate the well-founded fear of persecution).
The CGVS revokes subsidiary protection status if the person concerned is no longer eligible for subsidiary protection: the circumstances on the basis of which that status was granted, no longer exist or have changed to such an extent that protection is no longer necessary. (The change in circumstances is of such a significant and permanent nature that the person concerned no longer runs a real risk of suffering serious harm).