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Final decision

After the session the Council for alien law litigation pronounces judgment.

1. In case of a full jurisdiction appeal, the Council for alien law litigation can:

  • confirm or review the CGRS’s decision;
  • annul the CGRS’s decision;

2. In case of an appeal for annulment, the Council for alien law litigation can:

  • reject the appeal. In this case, the CGRS’s decision remains valid;
  • annul the CGRS’s decision.

In this case, the Council for alien law litigation merely examines its legality: it pronounces on possible procedural errors and not on the content of the application for asylum.

1. In case of a full jurisdiction appeal, the judge can:

  • confirm the decision if he/she considers that the CGRS took a valid decision;
  • review the CGRS’s decision. This implies that he/she can grant or refuse refugee status or subsidiary protection status. If the latter status is granted, the asylum seeker can lodge an appeal with the Council for alien law litigation if he/she wishes to receive refugee status. However, he/she should be aware of the fact that, in such case, the Council for alien law litigation can review the CGRS’s decision and grant refugee status or maintain subsidiary protection status, but it could also refuse both statuses;
  • annul the CGRS’s decision. If the Council for alien law litigation finds that the CGRS’s decision cannot be confirmed or reviewed because substantial mistakes have been committed or essential elements are missing, it will annul the disputed decision and send the case file back to the CGRS in order for the latter to continue its investigation and take a new decision.

The reason for this course of action is that the Council for alien law litigation has no competence for investigation; it bases itself only on the administrative records and any new documents presented during the session.

2. The appeal for annulment can be accompanied by a request for suspension. This can:

  • be processed together with the appeal for annulment during the same session. In this case, only one judgment is pronounced;
  • be processed first. Only when the suspension is granted is the execution of the decision suspended until the Council for alien law litigation decides on the appeal for annulment.