The appeals procedure
The applicant can appeal against any type of negative decision taken by the CGRS:
- refusal of refugee status and refusal of subsidiary protection status
- refusal of refugee status and granting of subsidiary protection status
- decision of inadmissibility
- decision declaring the application manifestly unfounded
- decision ending the application for international protection
- decision excluding from refugee status or subsidiary protection status
- revocation or cessation of refugee status and/or subsidiary protection status.
The course of the appeals procedure
The applicant can submit an appeal within 30 calendar days after notification of the decision taken by the CGRS. This is an appeal in full jurisdiction. If the applicant is detained, in case the application is declared inadmissible or considered manifestly unfounded and the CGRS has taken a decision within 15 calendar days, the appeal has to be lodged within 10 calendar days. When an applicant is detained and has filed a subsequent application which is declared inadmissible during his detention, a time limit of 5 calendar applies.
The applicant and/or his lawyer set out all the arguments against the decision by the CGRS in a petition to the CALL. The applicant can add new evidence and documents in order to support his asylum statement. The defending party can also present new evidence before the CALL.
Although the appeals procedure is a written procedure, the applicant and his lawyer will also have the opportunity to defend their case in a public hearing before the CALL. The CGRS acts as the defending party.
If the CALL considers that the decision taken by the CGRS is sufficiently clear, it can examine the appeal through a written procedure under specific conditions. If neither the applicant nor the CGRS asks to be heard before the CALL, no hearing will be organized and the CALL will render a ruling based on the evidence submitted by the applicant earlier during his application procedure.
In principle, the appeal has a suspensive effect. This means that an applicant cannot be forcibly removed and retains the right to reception. In some cases however, the appeal procedure is not suspensive. This will then be mentioned explicitly in the decision.
The ruling on the appeal
The CALL can:
- confirm the decision of the CGRS: the CALL follows the decision of the CGRS.
- reverse the decision of the CGRS: the CALL disagrees with the decision of the CGRS and changes it into a decision granting refugee status or a decision granting subsidiary protection status. The CALL can also reverse a decision of the CGRS granting subsidiary protection status and change it into a decision refusing subsidiary protection status or into a decision granting refugee status.
- The CALL can annul the decision of the CGRS: the CALL finds irregularities in the asylum case or has insufficient information to render its ruling. The asylum file is sent back to the CGRS, which has to take a new decision. The CGRS has to take into account the remarks of the CALL in its new decision.