Every asylum file transferred by the IO to the CGRS is screened for special procedural needs or vulnerabilities. If information in the applicant’s file indicates that (s)he may be unable to participate fully in the asylum procedure, the CGRS will provide adequate support.
Special procedural needs are ascertained on the basis of:
- a questionnaire on “special procedural needs” which the applicant received from the IO
- the applicant’s statement at the IO and the preparatory questionnaire of the CGRS
- documents that were handed over (medical certificates…)
- recommendations on procedural needs on the basis of a medical examination
- recommendations from the reception structure.
Support may be given for different aspects of the procedure:
- the preparation or organisation of the personal interview: an adapted invitation letter, a specific date, accelerating or postponing the assessment of the application, sending a written request for information, a personal interview at a specific location, an additional medical examination or request for medical recommendations…
- the conditions in which the personal interview takes place: assistance from a guardian in the case of unaccompanied minors, a protection officer with special expertise, adapted questioning, a shortened personal interview or several interviews, assistance by a sign language interpreter, choice of a male or female protection officer and/or interpreter…
- after the personal interview: giving extra time to send medical documents…
It is up to the applicant in the first place to provide information on his/her personal situation. The asylum authorities can also conclude from other information that the applicant has special procedural needs. It is also possible to give additional information to the CGRS at a later stage of the procedure. The CGRS always examines the possible impact of this new information on the procedure and on the reliability of the information already obtained. In principle, a new procedure will not be started.
The border procedure or an accelerated procedure is never applied for an applicant with special procedural needs when it may entail a restriction of the applicant’s rights or prevent the applicant from fulfilling his/her obligations under the asylum procedure. The CGRS assesses on an individual basis whether this may be the case.
The assessment of the special procedural needs remains valid for any subsequent application, unless there are concrete indications that special procedural needs are no longer present.
It is not possible to appeal against the assessment regarding special procedural needs.