After the procedure
With the decision from the Council for alien law litigation, the asylum procedure is closed. As for any other administrative procedure, there is still a possibility to lodge a cassation appeal with the Council of State.
At the end of the procedure the asylum seeker is either granted protection, via the refugee status or the subsidiary protection status, or his/her application for asylum is refused.
If the application for asylum is refused definitively, asylum seekers who have exhausted all legal procedures can be ordered to leave Belgian soil.
Appeal with the Council of State
An appeal against the decisions of the Council for alien law litigation can be lodged only with the Council of State. The Council of State only studies whether the asylum procedure took place in accordance with the legal requirements; it does not pronounce on the content of the case. This appeal must be lodged within 30 days after notification of the decision.
The cassation appeal is first subjected to a filtering process to study whether it is admissible.
- If it is declared admissible, the Council of State examines whether the means of proof provided can lead to cassation. If the decision of the Council for alien law litigation is annulled, the case file is sent back to the Council for alien law litigation, which then has to make a new decision on the application for asylum.
- If the appeal is declared inadmissible, the procedure is closed definitively, without any further possibility of appeal.