Border procedure

In case of applications for international protection filed at the border and in case the applicant does not meet the entry criteria, the CGRS applies a specific border procedure. The Immigration Office detains the applicant in the border region while awaiting a decision of the CGRS. Detention at the border is limited to four weeks, so the CGRS has to take a decision within this period.

The CGRS can take the following decisions at the border:

  • granting refugee status;
  • refusing refugee status and granting subsidiary protection status;
  • inadmissibility;
  • decision of refusal in one of the situations enabling the application of an accelerated procedure;
  • decision to further assess the application.

In principle, the CGRS always invites the applicant for a personal interview, with the possible exception of a subsequent application. The shortened invitation period of two days is possible if the procedure of inadmissibility or the accelerated procedure is applied. If in case of a subsequent application, the applicant has to be interviewed at the border, the period between the invitation and the personal interview is one day.

The CGRS decides to further assess the application if it is impossible to take a decision of refusal based on an accelerated procedure or if it is impossible to take a decision within four weeks after the file has been received from the CALL.

The decision to further assess the application is a non-motivated intermediate decision. This decision grants the applicant access to the territory. The decision to further assess the application has no impact on the nature of the final decision. Every type of final decision (granting, refusing or excluding from protection status, inadmissibility decision or decision of refusal as part of an accelerated procedure) remains possible.

If the CGRS takes a decision of refusal at the border, it is possible to file an appeal in full jurisdiction with the CALL. The period of appeal is ten days.

 

Other specific procedures

 

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