An applicant can submit a new application for international protection if new elements are available. This is called a subsequent application.
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 status being granted or the applicant only received a decision ending the application in the past (absence at the personal interview without any valid reason, not complying with a request for information without any valid reason, no further assessment of the application in case of regularization, withdrawing from the duty to report, leaving the place of detention without permission and without contacting the CGRS within 15 days).
In principle, these decisions are taken within ten working days after the file has been received from the Immigration Office. If the applicant is detained, the CGRS decides within two working days after the file has been received. In principle, these decisions are taken on the basis of the administrative file, without personal interview. 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 or if in the past, only a decision ending the application was taken (see earlier), the CGRS decides that the subsequent application is admissible. This decision is not motivated.
After an admissibility decision is taken, the subsequent application is processed on its substance. When doing this, the CGRS has the possibility to 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. If the applicant is detained, the period of appeal is five days.
The appeal procedure always has a suspensive effect. There are two exceptions to this:
- The principle of non-refoulement is not violated, the applicant is detained and files a subsequent application within a year after the definitive decision regarding his first application has been taken; or
- The principle of non-refoulement is not violated and the applicant files a third application or more.
Mind you! Filing a third application is not suspensive, including the appeal procedure in full jurisdiction, if:
- the applicant, prior to his second application and ever since, has been detained without interruption;
- as part of this second application, an inadmissibility decision has been taken and the principle of non-refoulement has not been violated.
Other specific procedures