Author
The CGRS uses the accelerated procedure for nationals of safe countries of origin. The list has been renewed by the Royal Decree of 7 April 2023 (see Safe country of origin).
Burundi: In a judgment of 10 February 2025,[1] the CALL confirmed its previous judgment of 22 December 2022 in which it stated, in a chamber composed of 3 judges, that the mere fact of having applied for asylum in Belgium constitutes a sufficient reason to deduct a risk of persecution in Burundi. The CALL considered that country of origin information shows that the Burundi regime considers this category of persons as opponents.[2] In the judgment of 10 February 2025, the CALL added that, although not all returnees risk being noticed by the Burundi authorities upon their return, applicants cannot be expected to prove that Burundi authorities are aware of their asylum application in Belgium; several elements can lead to the presumption that the person would get the specific attention from the Burundi authorities (in this case, for example, the fact that the applicant is Tutsi, that he has been staying in Belgium for a long time, etc). The CGRS has introduced a ‘cassation appeal’ before the Council of State (see Onward appeal to the Council of State) against the judgment of 22 December 2022, stating that it does not agree with the legal motivation and that the judgment would have the undesirable consequence that all people with the Burundi nationality would almost automatically receive a status of international protection in Belgium. It announced that it will continue to examine Burundi applications on an individual basis.[3] Nevertheless, in 2023 the first instance protection rate for Burundian applicants remained high at 81%.[4]
Afghanistan: After the takeover of power by the Taliban in August 2021, the CGRS changed its policy with regards to Afghan applicants for international protection. Overall, the CGRS indicates that the situation for many Afghans has clearly deteriorated. As a result, various ‘profiles at risk’ can ‘count on refugee status’. Among these are journalists, human rights activists, political opponents and critics of the Taliban regime, people occupying certain functions under the previous government, staff members of the previous foreign military troops or foreign organisations, certain minorities, members of the LGBT community and other people opposing the conservative religious norms and values fostered by the Taliban rules, isolated minors or women not supported by a family network, family members of specific profiles at risk.[5] Concerning the need for subsidiary protection, the CGRS states that the level of indiscriminate violence has significantly decreased since the Taliban takeover. It highlighted that there still is violence in the country but that most attacks are acts of targeted violence. As a result, the CGRS evaluated that there is no longer a real risk of falling victim to indiscriminate violence in Afghanistan. Therefore, subsidiary protection status will no longer be granted based on the security situation.[6] This policy was still applied in 2024.[7]
This policy is reflected in decreasing protection rates. In 2021 it was 49%, in 2022 44%, in 2023 35% and in 2024 it was 39%. Between 2022 and 2024 the CGRS granted subsidiary protection status only 9 times to Afghan applicants; in 2024, no subsidiary protection was granted to any Afghan applicant.[8]
The Belgian authorities do not organise forced returns to Afghanistan. Fedasil is currently the only entity organising voluntary returns to the country, given that IOM suspended its voluntary return programme in August 2021. IOM has confirmed this suspension in 2023 after an internal evaluation indicating that the economic and humanitarian crisis in Afghanistan have reached unprecedented levels.[9] In 2023, Fedasil received 15 requests for voluntary return to Afghanistan. 10 persons effectively returned using the Fedasil return programme.[10]
As a result, the group of Afghan persons not receiving international protection but not being able to return to their country of origin and thus being stuck in Belgium in irregular stay is steadily increasing.[11]
Palestine: In October 2023, the CGRS announced it would suspend the granting or refusal of subsidiary protection for applicants of Gaza and West-Bank due to the war.[12] In December 2023 the CGRS resumed all decisions for Palestinians from Gaza and West Bank. The Commissioner General stated that the situation in Gaza indicates a clear need for protection.[13] However, the CGRS had difficulties delivering a decision within the legal time limit of 6 months, due to both an increase of Palestinian applications (from 2,963 first time applications in 2023 to 5,332 in 2024)[14] and due to the need to permanently reassess the security situation. When asked about the timeframe it would take to deliver a decision, the CGRS initially did not reply.[15] Several NGOs asked the Brussels Court of First Instance to force the CGRS to take a decision for all Palestinian applicants within 15 days. The Court denied this request, but requested that the CGRS communicate about any delays to Palestinian applicants.[16] In addition, the Court stated that although the legal deadlines are not binding, the CGRS should take a decision within a reasonable timeframe.[17] After this judgement, the CGRS communicated in May 2024 that it would apply the legal possibility to take decisions within a prolonged time limit of 21 months in cases where the situation in the country of origin is uncertain.[18] It sent a letter to all Palestinian applicants informing them of the long processing times. However, the letter did not include an estimation of the time frame in which applicants can reasonably expect a decision on their application.
Currently, the recognition rate for Palestinian applications is 91%, with all positive decisions in 2024 being refugee status. This high recognition rate does not mean that there is an automatic recognition of all Palestinian applicants. According to the CGRS applications of Palestinians from Gaza and West Bank are ‘probably founded’. However, this notion still requires an individual assessment. The CGRS further stated that an application can only be well-founded if the identity of person is established, as well as the person’s origin, departure and recent residence of the person in Gaza. Furthermore, it must be examined whether there is possible protection in another country, and whether there are indications of the application of the exclusion clauses.[19]
Ukraine: Following the activation of the European Temporary Protection Directive through the Council of the European Union decision of 4 March 2022, Ukrainian refugees can register for the granting of temporary protection status. More information about this status, the procedure and the content of the temporary protection is provided in the section on ‘temporary protection’.
Ukrainian nationals who do not fall within the scope of temporary protection, can apply for international protection following the general international protection procedure. However, the CGRS announced on 28 February 2022 that it would freeze the treatment of requests for international protection introduced by Ukrainian citizens. This means no decisions are taken, and no personal interviews are organised. In 2024, the treatment of asylum applications by Ukrainian applicants remained frozen.
Russia: After the war in Ukraine broke out, the CGRS froze decision-making on applications of Russian citizens. On 1 February 2024, the CGRS communicated it would resume the processing of applications for international protection filed by Russian nationals.[20] The CGRS has stated that considering that the conflict is in violation of international law, conscientious objectors might qualify for international protection, although a case-by-case examination to verify whether the refusal to fulfil military obligations is genuine is deemed necessary.[21]
Sudan: After a suspension of the processing of Sudanese files and forced transfers to Sudan since mid-2023,[22] decision-making in Sudanese cases of applicants from Darfur, Kordofan, Blue Nile and Khartoum was resumed on 26 February 2024. 250 Sudanese files were in the CGRS’ workload at that time. [23] At the time of writing (March 2025), all Sudanese files are being processed again. CGRS provides subsidiary protection based on Article 15(c) of the Qualification Directive for these regions: Khartoum, Kordofan, Orduhan, Darfour, Sennar en Al Jazera. The overall recognition rate increased from 37% in 2023 to 87% in 2024. [24]
Lebanon: Since October 2024 the CGRS has temporarily suspended the notification of decisions granting or rejecting subsidiary protection status to Lebanese applicants, due to the unstable situation in Lebanon.[25]
Syria: Since December 2024, the CGRS has temporarily suspended the processing of files of Syrian applicants, until it will have gathered sufficient objective information to accurately assess the security situation in Syria and the risk of persecution.[26]
[1] CALL 10 February 2025, nr. 321.368, available here.
[2] CALL 22 December 2022, nr. 282.473, available in French via https://bit.ly/3zOgi6o.
4.19. Il découle de ce qui précède que si les sources consultées pour la rédaction du COI Focus du 28 février 2022 n’ont relevé jusqu’à présent aucun cas documenté de ressortissants burundais, demandeurs de protection internationale ou non retournés au Burundi en provenance de la Belgique et ayant été persécuté de ce seul fait, il n’en apparaît pas moins clairement que les sources, s’étant prononcées plus spécifiquement sur les Burundais ayant introduit une demande de protection internationale en Belgique, considèrent que le seul fait d’avoir séjourné en Belgique en qualité de demandeur d’asile est de nature à rendre une personne suspecte de sympathies pour l’opposition, aux yeux des autorités burundaises. Il ressort tout aussi clairement des informations résumées plus haut que le fait d’être suspect de sympathie pour l’opposition au régime en place à Bujumbura suffit à faire courir à l’intéressé un risque sérieux d’être persécuté du fait de ses opinions politiques ou des opinions politiques qui lui sont imputées. Il s’ensuit que, dans le contexte qui prévaut actuellement au Burundi, la seule circonstance que la requérante a séjourné en Belgique où elle a demandé à bénéficier de la protection internationale, suffit à justifier dans son chef une crainte avec raison d’être persécutée du fait des opinions politiques qui lui seraient imputées.
[3] Myria, Contact meeting 25 January 2023, available in French and Dutch at: https://bit.ly/3KATnSl, 20-21.
[4] CGRS, ‘Asylum statistics December 2023, 12 Januari 2024, available at: https://bit.ly/420UFwY, 8.
[5] CGRS, ‘Afghanistan: New Policy’, 2 March 2022, available in English: https://bit.ly/35H5pIe.
[6] CGRS, ‘Afghanistan: New Policy’, 2 March 2022, available in English: https://bit.ly/35H5pIe.
[7] For detailed information on this policy and reactions by other actors, see previous updates to this report available here.
[8] CGRS, ‘Asylum statistics December 2024, 16 January 2025, available here, 10.
[9] Myria, Contact Meeting International Protection’, 21 June 2023, available in French and Dutch on: https://bit.ly/3U1D9GU, 53-56.
[10] Myra, Contact Meeting International Protection’, 29 November 2023, available in French and Dutch on: https://tinyurl.com/bddp6ufc, 41-42.
[11] De Standaard, ‘Groen: ‘We creëren groeiende groep mensen zonder papieren’’, 10 June 2022, available in Dutch at: https://bit.ly/4dDShSa.
[12] CGRS, ‘Update: processing cases of applicants from Gaza and West Bank’, 20 October 2023, available here.
[13] CGRS, ‘CGRS resumes the processing of all Palestinian cases’, 19 December 2023, available here.
[14] CGRS, ‘Asylum statistics December 2024, 16 January 2025, available here, 6 and ‘Asylum statistics december 2023’, 12 January 2024 available here, 5.
[15] ADDE, ‘Délais de traitement des demandes de protection internationale par le CGRA’, Newsletter ADDE n° 209, August 2024, p. 4, available in French here.
[16] Brussels Court of Appeal, ‘2024/KR/21’, 7 October 2024.
[17] CGRS, ‘Myria: Contact Meeting International Protection’, 19 June 2024, p. 15-16, available in Dutch and French here.
[18] Article 57/6, al. 4 Aliens Act; CGRS, Processing time for Palestinian cases, 21 May 2024, available in English here.
[19] CGRS, ‘Myria: Contact Meeting International Protection’, 20 March 2024, p. 34-35, available in Dutch and French here.
[20] CGRS, ‘Resuming Case Processing of Russian Nationals’, 1 February 2024, available here.
[21] CGRS, ‘Myria: Contact Meeting International Protection’, 24 January 2024, p. 15, available here.
[22] CGRS, ‘Myria: Contact Meeting International Protection’, 18 October 2023, p. 18, available in French and Dutch here.
[23] CGRS, ‘Myria: Contact Meeting International Protection’, 20 March 2024, p. 37, available in French and Dutch here.
[24] CGRS, ‘Myria: Contact Meeting International Protection’, 20 March 2024, p. 37, available in French and Dutch here.
[25] CGRS, ‘Processing of cases of applicants from Lebanon’, 2 October 2024, available here.
[26] CGRS, ‘Temporary suspension of processing files of Syrian applicants’, 9 December 2024, available here.