Exclusion

The Commissioner General examines whether the applicant who complies with the criteria for granting a protection status does not fall under one of the exclusion clauses specified in the Aliens Act. The Commissioner General applies the exclusion clause only with utmost care given the serious consequences for the applicant. The burden of proof lies with the CGRS. In every exclusion decision, the Commissioner General also renders an advice on a possible removal.

Exclusion from refugee status

The Commissioner General excludes foreign nationals who, at the time of the decision, receive protection or assistance from UNRWA (the United Nations Relief and Works Agency for Palestine Refugees in the Near East). If, for whatever reason, the protection or assistance has stopped at the time of the decision, refugee status will automatically be granted.

The Commissioner General excludes foreign nationals from the refugee status when there are serious reasons to presume that 

  • they have committed a crime against peace, a war crime or a crime against humanity, as defined in international criminal law and humanitarian law
  • they committed a serious, non-political offence outside Belgium before being admitted here as refugees
  • they have committed acts that go against the objectives and principles of the United Nations.
Exclusion from subsidiary protection status

Foreign nationals are excluded from the subsidiary protection status when there are serious reasons to presume that

  • they have committed a crime against peace, a war crime or a crime against humanity, as defined in the relevant international conventions
  • they have committed acts that go against the objectives and principles of the United Nations.
  • they have committed a serious offence in or outside Belgium.
  • he poses a threat to society or to national security.

The Commissioner General can exclude an alien from subsidiary protection status if:

  • he has committed one or several crimes that do not fall within the aforementioned exclusion clauses
  • the crimes are punishable by imprisonment if committed in Belgium
  • the foreigner has left his country only in order to escape punishment.

The reasons for exclusion also apply to persons who consciously and voluntarily encourage or otherwise participate in such offences or acts.

The Commissioner General takes into account the seriousness of the acts committed, the individual responsibility of the applicant, and the extenuating circumstances claimed.