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The need for international protection arises when a person is outside their home country and cannot return there because they would be in danger, and their home country is unable or unwilling to protect them.
Belgium is committed to providing protection to foreign nationals in particularly serious circumstances. Thus, individuals who fear persecution or who risk serious harm if returned to their home country may apply for international protection in Belgium. In Belgium, the Office of Foreigners (OE) registers applications for international protection, and the General Commission for Refugees and Stateless Persons (CGRA) reviews the application and issues a decision in the first instance. This decision may be appealed before the Council for Alien Law Litigation (CCE).
There are two main forms of international protection available to foreign nationals arriving in Belgium:
Asylum is granted to persons who have a well-founded fear of persecution on account of their race, religion, nationality, membership in a particular social group, or political opinion, and who are unable or, because of that fear, unwilling to avail themselves of the protection of their country. The criteria for granting refugee status are defined by the Geneva Convention. If the conditions are met, the CGRA (or the CCE on appeal) grants refugee status. After refugee status is granted, the person receives an A card (limited residence permit) valid for 5 years. After a period of 5 years from the date the application for international protection leading to the recognition of refugee status was filed, the recognized refugee is, in principle, granted unlimited residence. An application for a B card must then be submitted to the municipality of primary residence.
If the person does not meet the requirements for refugee status, the CGRA assesses whether the person is at risk of serious harm if returned to their country. This may include, in particular, a death sentence or execution, torture, or inhuman or degrading treatment or punishment, or a serious and individual threat to the life or person of a civilian due to indiscriminate violence in the context of an internal or international armed conflict. If these conditions are met, subsidiary protection may be granted. The beneficiary of subsidiary protection receives an A card (limited residence permit) valid for one year. This card may then be extended twice, for a period of two years each time. After a period of 5 years from the date the application for international protection was filed—which led to the granting of subsidiary protection—the beneficiary is, in principle, granted unlimited residence. An application for a B card must then be submitted to the municipality of primary residence.