Author
General (scope, criteria, time limits)
The admissibility procedure is set out in Article 57/6(3) of the Aliens Act. The CGRS can declare an asylum application inadmissible where the asylum seeker:
- Enjoys protection in a First Country of Asylum;
- Comes from a Safe Third Country;
- Enjoys protection in another EU Member State;
- Is a national of an EU Member State or a country with an accession treaty with the EU;[1]
- Has made a Subsequent Application with no new elements; or
- Is a minor dependant who, after a final decision on the application lodged on their behalf, lodges a separate application without justification.
The CGRS must decide on inadmissibility within 15 working days. Shorter time limits of 10 working days are foreseen for subsequent applications or even 2 working days for subsequent applications in detention.
In 2023, the CGRS issued 4,625 inadmissibility decisions.[2]
Personal interview
Since the procedure that leads to a decision of inadmissibility does not in itself differ from the regular procedure, other than the time period in which a decision has to be made, the same legal provisions apply to the interviews both on the level of the Immigration Office and the CGRS. At the CGRS, the regular personal interview about the facts underlying the asylum application has to take place in the same level of detail as is the case for other asylum applications. The interview may be omitted where the CGRS deems it can take a decision on a subsequent application based on the elements in the file.[3]
Appeal
An appeal against an inadmissibility decision must be lodged within 10 days, or 5 days in the case of a subsequent application by an applicant being detained in a specific place in view of their removal from the territory (a place as described in art. 74/8 and 74/9 of the Aliens act).[4] The appeal has an automatic suspensive effect, except for some cases concerning Subsequent Applications.[5]
The CALL shall decide on the application within 2 months,[6] under “full judicial review” (plein contentieux).
Legal assistance
In first instance procedures leading to inadmissibility decisions as well as in the appeal procedures, the general provisions on the right and access to free legal assistance apply. Challenges identified in the provision of legal assistance during the regular procedure also apply to the admissibility procedure (see section on Regular Procedure: Legal Assistance). During some admissibility procedures – like for example the procedure following a subsequent application for international protection – applicants often do not have the right to reception in a centre and stay at a private address (for example with family, friends or solidary citizens). This situation makes it more difficult to qualify for free legal assistance (see Regular procedure: Second line legal assistance). In practice, much fewer procedural interventions by lawyers, in appeals or otherwise, take place in these specific cases.
[1] Note that this ground is not foreseen in Article 33(2) recast Asylum Procedures Directive.
[2] CGRS, Asylum statistics 2023, available in English at: https://bit.ly/4cwzbNs.
[3] Article 57/5-ter(2) Aliens Act.
[4] Article 39/57(1)(3) Aliens Act.
[5] Article 39/70 Aliens Act.
[6] Article 39/76(3)(3) Aliens Act.