Subsequent applications
An applicant can submit a new application for international protection after having received a final decision and if new elements are available. This previous decision may have been taken in Belgium or in another Member State of the European Union. This is called a subsequent application.
More information on this subject tailored to the asylum seeker can be found on asyluminbelgium.be in 9 languages (Dutch, French, English, Spanish, Arabic, Pashto, Farsi, Tigrinya and Somali).
How to submit a subsequent application?
The applicant for international protection registers the subsequent application at the Immigration Office (IO). He or she makes a statement on the new elements and the reasons why these elements could not have been presented earlier. This statement is submitted as quickly as possible to the CGRS.
A subsequent asylum application at the CGRS
After the subsequent application has been received, the CGRS first and foremost assesses if new elements or facts that make the granting of a protection status more likely, are available or being presented by the applicant.
The CGRS can take two decisions:
- an inadmissibility decision: there aren’t any new elements that make the granting of an international protection status more likely;
- an admissibility decision: the new elements enhance the chance of an international protection status being granted or the applicant only received a decision ending the application in the past or an implicit or explicit withdrawal .
In principle, these decisions are taken within two months after the application has been filed. In principle, these decisions are taken on the basis of the administrative file, without personal interview. If the applicant has previously received a final negative decision in another EU Member State, the asylum file from that Member State will be requested. If the applicant is nevertheless invited to a personal interview, the period between the sending of the invitation and the personal interview is at least two days and at least one day if the applicant is detained.
Decision declaring the subsequent application admissible
If the CGRS concludes that the new elements considerably enhance the chance of a protection status being granted, when previously only a decision of cessation or implicit or explicit withdrawal was taken (see above), or when the asylum file from the other Member State is not available if in the past, only a decision ending the application was taken (see earlier), the CGRS decides that the subsequent application is admissible..
After an admissibility decision is taken, the subsequent application is processed on its substance. When doing this, the CGRS must use the accelerated procedure (shortened invitation - processing – period of appeal).
Decision declaring the subsequent application inadmissible
If the CGRS concludes that the new elements do not considerably enhance the chance of granting protection status, the CGRS decides that the subsequent application is inadmissible. In this decision, the CGRS indicates if a refoulement or removal violates the principle of non-refoulement on the basis of the assessment made in the light of the Geneva Convention and the definition of subsidiary protection.
The possibility of lodging an appeal with the CALL
The applicant who receives an inadmissibility decision, can lodge an appeal in full jurisdiction with the CALL. The period of appeal is ten days counting from the notification of the decision. More information about lodging an appeal can be found on the CALL website.
M-status (international protection in another EU Member State)
Applicants who have already been granted international protection status (recognized refugee or subsidiary protection) in another EU Member State (= an “M-status”), are considered to have filed a subsequent application, in the sense that their application is filed after a final decision has been taken in another Member State. However, there is a difference in the assessment made by the CGRS. In the case of M-status, the CGRS assesses the effectiveness of the international protection granted in the other Member State.
For applications filed from 12 June 2026, the CGRS is not obliged to organize a personal interview for this assessment (Article 13 (11)( e) and Article 38 (1) (c) of the Asylum Procedures Regulation). The applicant must provide all relevant information in this regard upon registration of his application at the Immigration Office.
The CGRS will take a decision declaring the application inadmissible (international protection in another EU Member State) if the applicant does not provide facts or elements that prevent Article 38 (1) (c) of the Asylum Procedures Regulation (APR) from being applied to the applicant’s specific circumstances.
An applicant who receives a decision of inadmissibility, may lodge an appeal in full jurisdiction with the Council of State. The appeal period amounts to 10 days starting from the notification of the decision. The appeal procedure does not have a suspensive effect.
If the applicant provides elements indicating that the protection granted in the other EU Member State is not effective, the CGRS will assess the application on its substance in regard to the applicant’s country of origin (see standard procedure).
Other specific procedures