An applicant for international protection can register a new asylum application when his previous application was rejected. This is called a subsequent application. The CGRS processes this new application through an accelerated procedure and only takes the new elements given by the asylum seeker into account. There is also a specific appeal procedure with the Council for Alien Law Litigation (CALL).
How to submit a subsequent application?
The applicant for international protection registers the subsequent application at the Immigration Office (IO). He fills in a questionnaire, in which he explains the new elements justifying a subsequent application. The applicant also has to explain why he hasn't mentioned these new elements before. The IO sends the subsequent application to the CGRS, who will examine it.
A subsequent asylum application at the CGRS
The protection officer examines the new elements the applicant has given in his new asylum application. After reception of the file, the CGRS examines within 8 working days whether the new elements) and examines if the new elements can lead to a positive decision.
There are several possibilities:
- There are no elements that can lead to a positive decision: the Commissioner General refuses to take the asylum application into consideration and the applicant is not invited for an interview.
- There are new elements that can lead to a positive decision: the Commissioner General takes the asylum application into consideration. The CGRS processes the asylum application and invites the applicant for an interview.
- It is not clear from the questionnaire filled in by the by the applicant is not clear if the new elements can lead to a positive decision. The protection officer can invite the applicant for an interview to get more information about the new elements in his subsequent application. The Commissioner General then decides whether to take the asylum application into consideration or not.
Examples of new elements
- New facts that have taken place in the country of origin after the departure of the applicant and that confirm or substantiate the grounds for asylum given in the first asylum application.
- A change in the general situation in the applicant's country of origin.
The possibility of an appeal to the CALL
If his subsequent application is not taken into consideration, the applicant can submit an appeal to the CALL. He must do so within 15 days. If he is detained in a closed reception centre or a prison, he must submit an appeal within 10 days. From a second refusal of consideration onwards, the applicant has 5 days to submit an appeal. The CALL will examine this appeal in an accelerated procedure.
The appeal can be suspensive or non-suspensive. For this, the Commissioner General will examine whether the asylum seeker is at risk of refoulement (= the risk of being returned) to a region or country where he is in danger.
In his decision, the Commissioner General mentions what type of appeal the asylum seeker can submit.
After receiving the appeal, the CALL will organise as soon as possible a session where the parties will have the opportunity to state their case and give additional elements of evidence.
After a decision to consider the application, the CGRS will process the asylum application according to the normal procedure. If the application is rejected, the appeal procedure follows the normal procedure in full jurisdiction before the CALL.