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The Office of the Commissioner-General for Refugees and Stateless Persons is an independent Belgian federal institution that examines every application for international protection individually and without prejudice. The CGRS will then assess applications for asylum and will check whether asylum should be granted to applicants because of fear:
This means that the CGRS is impartial and nobody can say to the CGRS which decisions it has to take.
The CGRS will invite you for at least one personal interview. You may have to wait some time before receiving this invitation. The date on which you submitted your application for international protection does not determine the order in which applicants are invited. It is therefore possible that applicants who applied after you are interviewed before you.
The waiting time depends on several factors. The CGRS can only begin examining your application once the Immigration Office has transferred your file. Although the CGRS aims to schedule interviews as soon as possible, waiting times vary considerably depending on the number of pending applications, the complexity of the case and the institution's workload. In recent years, waiting times have sometimes exceeded one year.
If you have any specific procedural needs and did not mention them during your first interview at the Immigration Office, be sure to inform the CGRS. Ask your lawyer or social worker for assistance.
From the beginning, or at any stage of the international protection procedure, you may ask a lawyer to assist you. The procedure is complex and it is strongly recommended that you receive legal assistance as early as possible. It is also important that your lawyer has a good command of the language of your procedure (Dutch or French).
Legal assistance is free of charge if you do not have sufficient financial means. However, some applicants choose to pay privately for their lawyer.
Having a lawyer is not compulsory, but it is highly recommended because international protection and residence procedures can be legally complex. You have the right to request another lawyer if you do not feel comfortable with the first one. Please note that, in the Dutch-speaking legal aid system, a pro deo lawyer may refuse to transfer the case to another lawyer.
Finding a lawyer is possible by one of the following ways:
If your annex 26 and orange card/aneex 35 are in Dutch go to floor -1, for French go to floor +1.
But there are also French speaking lawyers who can handle cases in Dutch and the other way around.
You may have several meetings with your lawyer. However, it is only possible for maximum three times to get free tickets from your reception centre to meet lawyer. You are also allowed to have a free call to your lawyer from the centre in necessary times. You will receive a letter showing you are resident of the centre from the procedure office to deliver to your lawyer in your first meeting.
Tips for LGBTQIA+ individuals:
Use the waiting time between your first and second interview to gather all documents proving who you are and where you come from, such as your passport, identity card or any other documents proving your identity (for example, your parents' identity documents or a military booklet). Gather all documents showing why you cannot return to your country, such as court documents, police reports or other evidence relating to your personal situation.
Present documents that relate to your own personal circumstances, rather than general information about your country. You can be assured that the CGRS is already well informed about the general situation in your country of origin. If you cannot provide any documents, you will have the opportunity to explain why during your interview.
If you do not have any documents, explain the reasons during your interview. Do not submit forged or false documents, as this may seriously undermine the credibility of your application and may lead to a negative decision.
The CGRS will keep the documents you submit safely during the procedure. You may request their return at any stage of the procedure if necessary.
Tips for LGBTQIA+ individuals:
The documents would be helpful for LGBTQI+ people are:
The second interview takes place at the CGRS: Rue Ernest Blerot 39, 1070 Brussels.
The CGRS will send the letter of invitation by mail to your address or by carrier to your reception centre. Your lawyer will receive a copy of the letter asl well. If serious reasons prevent you from coming to the interview, you must inform the CGRS and justify your absence with a certificate as soon as possible helping by your lawyer or social worker.
The protection officer will ask you questions in order to assess your application. He/she is specialized in your region of origin and regularly receives training to improve their expertise and knowledge.
If you indicated during your first interview at the Immigration Office that you require an interpreter, one will be present during the interview.
The interpreter provides a complete and impartial translation of everything that is said. They are bound by strict confidentiality and may not disclose anything you say during the interview. The interpreter plays no role in the decision-making process and cannot obtain information about the outcome of your application.
If you have difficulty understanding the interpreter, you should say so immediately during the interview.
Your lawyer's presence is not compulsory for the interview. The interview will normally take place even if your lawyer cannot attend. However, your lawyer may obtain a copy of the interview notes and may make observations at the end of the interview if necessary.
You may also ask to be accompanied by a trusted person. A trusted person is someone who professionally assists people or specialises in refugee or international protection law, such as a social worker, a representative of an NGO working in international protection, a psychologist or a therapist.
Family members and friends cannot act as trusted persons. The trusted person must be authorised by the CGRS before attending the interview.
The interview usually lasts three to four hours, although it may be shorter or longer depending on your case. A break is normally planned after approximately one and a half hours, and you may always request additional breaks if necessary.
During the interview, you may be asked emotionally difficult questions about the experiences that led you to leave your country. It is important to answer honestly and describe what happened to you personally. Do not invent or exaggerate your story in the hope of improving your chances of obtaining international protection.
The personal interview is the most important stage of the international protection procedure.
During the interview, the Protection Officer will ask questions about:
Describe your own experiences and explain why you cannot or do not wish to return. Do not repeat someone else's story or something that has been suggested to you. The CGRS will assess the credibility of your statements, so it is important to provide a clear, complete and truthful account of your situation.
Everything you say during the interview is treated confidentially. The CGRS will never share your statements with the authorities of your country of origin, with the people you fear, or with members of your family.
Each applicant is interviewed individually. If you arrived in Belgium with your partner or family, they may be invited on the same day, but each person is interviewed separately. You are free to speak openly. What you say will not be disclosed to your relatives without your consent.
If you obtain new documents after your file has been submitted, you may send them to the CGRS before the interview or bring them with you on the day of the interview.
If the CGRS considers that further clarification is necessary after the interview, you may be invited to a second personal interview.
During the interview, the Protection Officer records your statements in written interview notes.
You may request a copy of these notes either during the interview or within two working days afterwards. Your lawyer can help you make this request.
You will receive the notes in the language of your international protection procedure (French or Dutch).
Once you receive them, you may review them together with your lawyer and/or an interpreter. If you notice mistakes, omissions or misunderstandings, you may submit corrections or additional comments to the CGRS. These comments should normally be submitted within eight working days after receiving the interview notes.
The personal interview at the CGRS is a crucial stage of your international protection procedure. During this interview, you explain in detail why you left your country and why you are seeking protection in Belgium.
If necessary, an interpreter appointed by the CGRS will translate both the Protection Officer's questions and your answers. The interpreter is bound by professional confidentiality.
It is strongly recommended that you prepare for the interview together with your lawyer, your social worker or a specialised organisation. Gather all relevant documents and evidence before the interview.
You must tell the truth and do everything possible to establish your identity, your origin and your journey to Belgium. If you provided incorrect information earlier in the procedure (for example regarding your identity or personal history), you should explain the situation truthfully during the interview. This is in your own interest.
Tips for LGBTQIA+ individuals:
After the interview, you will return to your reception centre or your place of residence. In the meantime, the protection officer will analyse all the information necessary to reach a decision.
The waiting time for a decision varies considerably depending on the complexity of the case, the need for additional investigations and the overall workload of the CGRS. Although the CGRS aims to process applications as quickly as possible, no fixed deadline can be guaranteed. An applicant from your country who arrived later than you in Belgium may nevertheless receive a decision before you. This is not a reason to worry. Every application for international protection is different and is examined individually. The CGRS is aware that long waiting periods may cause uncertainty and stress and strives to take decisions as quickly as possible while ensuring a thorough assessment.
After the second interview, the CGRS will first assess the credibility of your statements and supporting documents:
If your statements and supporting documents are considered credible, the CGRS will examine whether you qualify for refugee status under the 1951 Geneva Refugee Convention. In other words, it will assess whether you have a well-founded fear of persecution because of your nationality, ethnic origin, religion, political opinion or membership of a particular social group, and whether you cannot or do not wish to seek protection from the authorities of your country of nationality or former habitual residence.
If you do not qualify for refugee status, the CGRS will examine whether you are eligible for subsidiary protection. This may be granted if you would face a real risk of serious harm in your country of origin, such as:
The CGRS assesses every application individually, objectively and impartially, in accordance with Belgian, European and international law. When examining your application, it also takes into account your personal circumstances, including your age, background, education, gender, health and any particular vulnerabilities.
If the CGRS concludes that you need protection, you will receive one of the following two protection statuses:
If the CGRS concludes that you do not meet the conditions for either form of protection, it will issue a negative decision.