Registration and statement
The Immigration Department registers the application for asylum. It then determines the language in which the procedure will take place: Dutch or French. If the asylum seeker does not speak either of these languages, he/she can request assistance from an interpreter.
When registering the application, the applicant has to choose a place of residence in Belgium. The asylum authorities will send all mail related to the application for asylum to this address.
The Immigration Department also takes a statement from the asylum seeker regarding his/her identity, nationality and journey to Belgium.
After that, the asylum seeker has to fill in a questionnaire about the reasons for his/her application for asylum.
- The questionnaire is preferably completed at the Immigration Department. The asylum seeker can be assisted by an interpreter.
- The asylum seeker can also take the questionnaire to complete it on his/her own. In this case, it must be sent back to the CGRS within 5calendar days.
The asylum seeker receives a copy of the completed questionnaire. After that, the Immigration Department submits the questionnaire to the Office of the Commissioner General for Refugees and Stateless Persons. This questionnaire will be the basis for the interview at the CGRS.
The asylum seeker has to present the Immigration Department with all documents that can prove his/her identity, nationality, journey, stay in another country (if any) or reasons for asylum.
First, the Immigration Department carries out various preliminary investigations:
- The ‘Dublin examination’: the Immigration Department determines which European Union member state is responsible for the processing of the application for asylum based on the ‘Dublin II Regulation’.
* If Belgium is responsible, the Belgian authorities will study the application for asylum.
* If another member state is responsible, the Immigration Department will request that other member state to take over the application. If the foreigner disagrees with this decision, he/she can lodge an appeal for annulment and/or suspension with the Council for alien law litigation within 30 days.
The examination of multiple applications: if this is not the asylum seeker’s first application for asylum, the Immigration Department examines whether the asylum seeker is providing any new and relevant elements to support his/her new application.
* If this is the case, the asylum authorities will consider the new application for asylum.
* If not, the Immigration Department will decide not to consider the new application for asylum. In such case, the asylum seeker can lodge an appeal for annulment with the Council for alien law litigation within 30 days.