The appeals procedure
The CALL remains the sole court with jurisdiction to hear appeals lodged against decisions taken in accordance with the Aliens Act.
The applicant can appeal against the following decisions 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;
- implicit withdrawal of the application;
- decision excluding from refugee status and/or subsidiary protection status
- revocation of refugee status and/or subsidiary protection status.
The course of the appeals procedure
The applicant can submit an appeal after notification of the decision taken by the CGRS. The time limits for filing an appeal are listed in the notification letter accompanying the CGRS decision.
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.
In principle, the appeals procedure is a written procedure but a hearing may also be organized during which the applicant and/or his/her lawyer will defend their case. The CGRS can act as the defending party.
An appeal against a return decision is will be dealt with in the same procedure as an appeal lodged against the rejection of an application. In both cases, this involves an ex nunc assessment.
In principle, the appeal has a suspensive effect. This means that an applicant cannot be forcibly removed and retains the right to reception. For a number of decisions regarding applications filed from 12 June 2026, the appeal procedure is no longer suspensive. This is mentioned explicitly in the notification letter accompanying the decision.
The ruling on the appeal
The CALL can:
- confirm the decision of the CGRS: the CALL renders a judgement to the same effect as the decision of the CGRS.
- reverse the decision of the CGRS: the CALL disagrees with the decision of the CGRS and grants refugee status or 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.
- 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.