Applicants who are already offered real protection in a 'first country of asylum' and do not provide any proof that they can no longer make use of this protection and are admitted to the territory of that country again do not need international protection.
The Commissioner General individually examines the content of each request from applicants who may already enjoy real protection in a first country of asylum.
During the interview the applicant has the possibility to provide reasonable proof that they can no longer count on real protection if they return to the first country of asylum. The CGRS assesses the credibility and foundation of this proof.
The burden of proof with respect to the application of the concept of first country of asylum lies with the CGRS. When studying the case, the Commissioner General takes into account the general situation and the personal circumstances of the applicant.
In order to be able to apply the concept of 'first country of asylum' all of the following conditions must be fulfilled:
- the applicant has refugee status or another form of real protection there
- the protection offered there is stille available and sufficient
- the principle of non-refoulement is respected at all times
- the applicant is admitted to the territory of the country again.