legal and social conditions for asylum seekers and refugees in ...

(e) if the application is manifestly unfounded because the alien does not furnish any proof that
he/she has serious grounds for substantial fear of persecution within the meaning of the
Geneva Convention of 1951;
Pursuant to Section 52 paragraph 2, in-country applicants may be opposed the same grounds for
inadmissibility as border applicants, with the exception of (d) above. However, in-country
applications may also be considered inadmissible on the following additional grounds:
(f) if, without justification, the alien submitted the application after the expiry of a period of eight
days as provided for in Section 50 of the Aliens Law. Aliens who are transferred to Belgium
from another state on the basis of the Dublin Convention are subject to the same obligation
and time limit;
(g) if he/she submitted the application for recognition of refugee status after the expiry of his/her
legitimate residence permit, without justification;
(h) if he/she voluntarily withdraws from a procedure initiated at the frontier;
(i) if he/she fails, for no valid reason, to respond to a summons or a request for information
within one month of it being sent.
The preliminary stage of examination of the admissibility of an application is carried out by the
Aliens Office. During the interview conducted by a representative of the Aliens Office, interpreting
assistance, but not legal assistance, is made available if necessary.
Whilst awaiting the decision on admissibility, asylum seekers who entered the country legally may
stay either in a reception centre or in private accommodation if they wish. Those who applied at
the border without having the necessary documents to enter the country legally are usually held
in a detention centre, especially if they are undocumented or if their identity cannot be
established. In-country applicants who have entered Belgium illegally may also be detained
during this period, but this is rather exceptional (see “Detention” below).
The decision on admissibility must be reached within eight days. However, the law does not
provide any sanctions or other legal effects if this time limit is not respected.
If the application is deemed admissible, the applicant is allowed to enter (or remain in) the
territory. He/she must present him/herself to the local authorities of the city in which he/she wants
to stay, provided that he/she may reside there according to the stipulated quota of asylum
seekers (see “Accommodation” under “Social Conditions for Asylum Seekers” below).
If the application is declared inadmissible, the asylum seeker is refused admission into the
territory or, if he/she is already in Belgium, the right to stay.
Appeal
If the Aliens Office’s decision is negative, the asylum seeker may lodge an “urgent appeal” to the
General Commission for Refugees and Stateless Persons (“Commissariat Général aux Réfugiés
et aux Apatrides” – CGRA). This appeal, which has suspensive effect, must be filed within one or
three working days after notification of the decision of inadmissibility, depending on whether or
not the applicant is detained in a specified location.
Asylum seekers are usually interviewed by the CGRA. They may submit a request for free legal
assistance and may be assisted by a lawyer during the interview.
The CGRA must reach a decision within 30 days but, again, the law does not provide any
sanctions or other legal effects if this time limit is not respected.
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Belgium