Some time ago, an overview was shared detailing the key changes resulting from the Asylum and Migration Pact (the Pact). In response to several requests for further clarification regarding the audio recording of personal interviews and the new competences relating to age assessment, we will provide additional explanation.
As indicated in the previous communication, the bill amending the Aliens Act, which also serves to implement the Pact in Belgian law, has not yet been definitively adopted or published. The publication of the amendments to the Royal Decree governing the operation of the CGRS is also still pending. The information below merely describes the procedure and competences contained in the draft bill. It is therefore subject to possible changes.
From 12 June 2026, the information on the CGRS website will be updated to reflect the new rules and competences. The brochures will also be aligned with the changes introduced by the Pact.
Audio recording of personal interviews
As from 12 June 2026, an audio recording will be made of every personal interview conducted in the context of applications for international protection submitted on or after that date. For applications submitted before that date, an audio recording will be made from the date of entry into force of the new Act amending the Aliens Act.
Applicants will be informed in advance that the interview will be recorded. Confidentiality and the protection of privacy will be ensured at all times. The CGRS will take appropriate technical and organisational measures to protect personal data against, among others, unauthorised access, unlawful use, loss, destruction, or unauthorised alteration.
The audio recording may only be used as evidence during the appeal stage, i.e. following a negative decision. The recording may be listened to, by appointment, at the Office of the Commissioner General for Refugees and Stateless Persons (CGRS) in preparation of an appeal, and at the Council for Alien Law Litigation (CALL) after an appeal has been lodged.
Access to the audio recording of the personal interview may be granted to the applicant and, if applicable, to the applicant’s lawyer and an interpreter. In the case of a minor applicant, access may be granted to the applicant and the applicant’s parent(s) or guardian and, where applicable, the lawyer and an interpreter. The applicant and/or their lawyer may request an appointment to listen to the audio recording at the CGRS by completing a form, which will shortly be made available on the CGRS website. In the case of a minor applicant, this request may be submitted by the applicant’s parent(s) or guardian. The form must indicate who (lawyer, interpreter, parent(s), or guardian) will provide assistance and therefore be present during the listening session.
It is the responsibility of the applicant (or, where applicable, the applicant’s parent(s) or guardian) and their lawyer to arrange for an interpreter if desired, for example in the context of second-line legal aid. A valid identity document for the interpreter must also be provided to the CGRS. The identity of all persons granted access to the audio recording must be verified.
Access to the audio recording is therefore granted by appointment only. The CGRS determines the date and location of the appointment. If an appeal has already been lodged, the request may be addressed to the CALL.
Access will be secured in such a way as to guarantee the confidentiality of the audio recording and the protection of personal data. For example, the recording will be listened to in a closed room or through headphones, ensuring that the applicant’s statements cannot be heard by third parties.
Applicants and their lawyers will continue to have the possibility to request a copy of the notes of the personal interview. Furthermore, from 12 June 2026 onwards, it will remain possible to submit comments on those notes. However, the CGRS will no longer be required to await any such comments before taking a decision.
Age assessment procedure
As from 12 June 2026, the age assessment procedure will be conducted as follows:
If there are doubts as to the minority of a self-declared unaccompanied minor who submits an application for international protection, the Immigration Office or another competent authority shall express those doubts and provide reasons indicating the elements on which they are based. If there are doubts regarding the minority status of a self-declared unaccompanied minor who submits an application for international protection, the Immigration Office or another public authority shall express these doubts and state the grounds on which they are based.
According to the Asylum Procedures Regulation, the CGRS is responsible for the age assessment of minor applicants where doubts exist as to their age. The Regulation contains a number of minimum requirements in this regard. In particular, in case of doubt, a multidisciplinary assessment, including a psychosocial assessment, must first be conducted on the basis of the applicant’s statements and other indications. The assessment may not be based solely on physical appearance or behaviour, and a medical examination may only be used as a measure of last resort. On the basis of these minimum requirements, the CGRS has developed a qualitative age assessment procedure for applicants.
The age assessment procedure is a separate procedure governed by its own rules and must be distinguished from the international protection procedure, as its purpose is to determine (in advance) and within a short timeframe, the age of an applicant in the context of the assessment of the application for international protection.
As a first step, a specialised CGRS case officer will inform the person concerned and their provisional guardian of the doubts raised regarding the declared minority and will explain the age assessment procedure. The applicant will also be informed that, should doubts persist, a medical examination (triple test) may be carried out and that the consent of both the applicant and the guardian will be requested.
According to Article 25(1) of the Asylum Procedures Regulation, the Commissioner General will then invite the applicant to attend an age assessment interview for the purpose of a multidisciplinary assessment aimed at determining the applicant’s age. This interview will take place on the day on which the application for international protection is registered with the Immigration Office, in the presence of the provisional guardian and, if desired, an interpreter and/or a trusted person. If the case officer determines that the applicant is unable to participate adequately in the age assessment interview, the interview will take place the following day at the CGRS. In such cases, the applicant and their provisional guardian will be informed immediately of the new appointment. During the age assessment interview, the applicant’s statements as well as any relevant observations will be recorded in detail. The interview may reveal that the applicant is a minor or, if there is still doubt or a presumption of adulthood, a multidisciplinary assessment will be conducted by qualified professionals.
This multidisciplinary assessment will be carried out by officials with expertise in age assessment and child development. These experts will take into account a range of factors, including physical, psychological, developmental, environmental and cultural factors. Their assessment will be conducted objectively on the basis of the written record of the age assessment interview, the available documents and any other relevant indications.
Where doubts regarding the applicant’s age persist even after the multidisciplinary assessment, a medical examination (triple test) may be used as a measure of last resort to determine the applicant’s age. A refusal to cooperate with the medical examination may give rise to a presumption that the applicant is an adult. In reaching the final decision, the case officer will always take into account all elements contained in the administrative file.
An appeal against the outcome of the age assessment may be lodged before the Council of State within 60 days of notification of the decision.
Where, following a final decision on age, the applicant obtains new and objective evidence capable of calling into question the age determination, a request may be made to redo the assessment. Following a preliminary examination of the new evidence, the CGRS will decide whether or not to grant the request.