The Council of State

The cassation procedure

The applicant and his lawyer have 30 calendar days after notification of the decision by the CALL to submit an appeal. The appeal is non-suspensive and the Immigration Office can implement an existing decision to remove or repatriate.

There is one filter procedure whereby the CoS ascertains, within 8 days, whether the appeal is admissible and eligible for further processing. Many appeals fail to make it through the filter procedure. If the appeal is declared inadmissible, the asylum procedure is closed definitively, without any further possibility of appeal.

If it is declared admissible, the CoS examines whether the means of proof provided can lead to cassation of the judgement. The CoS does not examine the facts of the application file but only checks whether the CALL has followed the correct procedures.

The investigation in cassation by the CoS is a written procedure and the CoS works on the basis of the documents in the judicial dossier. The parties are invited to attend a hearing.

The cassation ruling

The ruling usually follows within 6 months. This term is not binding.

If the CoS nullifies the CALL’s ruling, the application file is returned to the CALL. The CALL must take account of the CoS objections in an new ruling.

If the cassation appeal is rejected, the decision is final and the asylum procedure is closed.