Appeal against the decision
The asylum seeker can lodge an appeal with the Council for alien law litigation against an unfavourable decision from the CGRA. In order to do so, it is advisable for him/her to seek assistance from a lawyer.
If the asylum seeker has received one of the following decisions:
- refusal of recognition of refugee status;
- refusal to grant of subsidiary protection status;
- withdrawal of, ending of or exclusion from refugee status and/or subsidiary protection status;
- application for asylum which does not proceed to judgment,
he/she can lodge a full jurisdiction appeal within 30 days after notification of the CGRS’s decision.
This appeal is suspensive, i.e. the asylum seeker cannot be forced to return or be removed from Belgian soil during the appeal investigation.
If the asylum seeker is a national of a European Union member state or of a candidate country or a country on the list of safe countries of origin, and has received a decision of refusal to consider the application for asylum, only an appeal for annulment can be lodged. The period to lodge this appeal is 30 days. This appeal is non-suspensive, but the asylum seeker can lodge a request for suspension together with the appeal.
For this appeal the asylum seeker has to draw up a request for appeal in which he/she explains why he/she does not agree with the CGRS’s decision. The law determines what the request for appeal should comprise. It should contain a presentation of the facts stated in the appeal and the means of proof used to support those facts.
In the framework of a full jurisdiction appeal the asylum seeker can include new elements in his/her request for appeal, on the condition that he/she explains why he/she did not present these to the CGRS before. If it concerns an appeal for annulment, the asylum seeker is not allowed to include new elements in the request for appeal.
As the procedure before the Council for alien law litigation takes place in writing, the request for appeal is the central element. The asylum seeker and his/her lawyer can make remarks during the session, but the possibility of adding other elements besides those included in the request for appeal is very limited. Therefore, it is extremely important that the request for appeal is drawn up in accordance with the legal requirements; if not, it may be refused.