Differential treatment of specific nationalities in the procedure

Belgium

Country Report: Differential treatment of specific nationalities in the procedure Last updated: 30/07/26

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Vluchtelingenwerk Vlaanderen Visit Website

The CGRS uses the accelerated procedure for nationals of safe countries of origin. The list has been renewed by the Royal Decree of 5 December 2025 (see Safe country of origin).

Afghanistan: After the takeover by the Taliban in August 2021, the CGRS changed its policy with regards to Afghan applicants for international protection. Various ‘profiles at risk’ qualify for refugee status, including 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.[1] As the CGRS evaluates that there is no longer a real risk of falling victim to indiscriminate violence in Afghanistan, subsidiary protection status is no longer granted based on the security situation.[2] This policy was still applied in 2025 and resulted in decreasing protection rates.[3] In 2025, the protection rate for Afghans was 43%, only 1 person was granted subsidiary protection.[4] Afghanistan remained the main country of origin of applicants for international protection in 2025.[5]

Although single Afghan women are systematically granted refugee status by the CGRS, it has been observed that the Immigration Office refuses applications for humanitarian visa by unmarried adult Afghan sisters of beneficiaries of international protection in Belgium who apply for such a visa parallel with a request for family reunification by other family members such as their parents (so-called ‘hybrid requests’ – see Humanitarian visa). The refusals are in some cases motivated on the grounds that these women do not prove a risk of persecution by the Taliban, don’t provide proof that they are completely isolated or that there is no male chaperone who can assist them when they leave the house, that even though it is prohibited to work outside of the house in certain parts of Afghanistan, they could in some situations work inside the house to generate an income.[6]

The past years, Fedasil was the only entity organising voluntary returns to Afghanistan, given that IOM had suspended its voluntary return programme in August 2021. However, IOM has recently decided to consider individual requests for voluntary return, if there is a clear voluntary basis and the safety of the person can be guaranteed and if there is an agreement between the respective authorities. Up until March 2026, no voluntary returns from Belgium to Afghanistan had yet been assisted by IOM.[7] The Belgian authorities do not organise forced returns to Afghanistan. However, in 2025 the Minister of Asylum and Migration announced that she intended to discuss the return of Afghans with the Taliban-regime, more specifically the identification and issuing of identity-documents to undocumented Afghans.[8] The Minister has subsequently led efforts to coordinate European action in this regard, leading to an exploratory mission to Afghanistan in January 2026, to which the Belgian Director General of the Immigration Office participated. A follow-up visit by a Taliban representative to Belgium is planned to discuss practical arrangements. The initiative has been met with criticism and concern by NGO’s.[9]

Burundi: In two judgments by the General Assembly (all 20 judges united), the CALL restricted its previous case law on asylum applications by Burundian applicants.[10] It was decided that a risk for serious issues upon return exists mainly for persons with specific profiles, such as members of the opposition, leaders or members of civil society organisations or persons who have been condemned for their implication in the coup in 2015. Certain behaviours by applications, such as political activities developed during the stay abroad, are also determining. The mere fact of residing or having applied for asylum in Belgium does not in itself constitutes a sufficient reason to deduct a risk of persecution in Burundi, although certain factors can be considered as aggravating, such as the applicant’s ethnicity, the fact that the Burundian authorities are aware of the application for international protection, ties with opposition members, prior issues with the authorities and the behaviours and activities of the applicant in Belgium. In 2025, the protection rate for Burundian applicants was 38%[11], compared to 89% in 2024.[12]

Iran: As of 15 January 2026, the CGRS has temporarily suspended decision-making in Iranian files until it has sufficient objective information to accurately assess the security situation.[13]

Lebanon: As of 31 March 2026, 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.[14]

Palestine: In 2025, the recognition rate for Palestinian applications was 65%, all positive decisions being the attribution of refugee status. For applicants from Gaza, regardless of an UNRWA registration, the refugee status is granted. Applicants from the West Bank and East-Jerusalem are granted the refugee status since UNRWA protection is deemed insufficient; the situation of applicants who are not UNRWA-registered is individually examined, but the CGRS is prudent. In January 2026, the CGRS announced that there is moratorium on decision-making regarding non-UNRWA registered applicants from the West-Bank.[15] UNRWA-registered applicants from Lebanon, Syria and Jordan are granted the refugee status; the situation of non-UNRWA registered applicants from these regions is examined on an individual basis.[16]

The legislative changes in 2025 defining applications for international protection of beneficiaries of protection in another EU Member State (“M-status”-applications) as ‘subsequent applications’ and the limitation of reception conditions for this category of applicants has significantly impacted Palestinian applicants, since Palestinians with an international protection status in Greece constitute the biggest group of applicants with M-status (see Subsequent applications). In January 2026, 1,373 files of Palestinian applicants were pending at the CGRS, 917 of which were M-status applications.[17]

Syria: From 1 November 2025 onwards, the CGRS has resumed decision-making in Syrian files after a year of suspension since the fall of the Assad-regime in December 2024.[18] 4,050 files concerning 5,400 persons were pending at the moment of resuming. In pending cases, applicants are invited for an interview at the CGRS, regardless of whether an interview had been conducted prior to the suspension of decisions. Decisions depend on the profile of the applicant and the security analysis of their region. The CGRS does not consider the security situation in any region in Syria to be such that people there run a real risk of serious harm, so no subsidiary protection status on the basis of article 15(c) EU Qualification Directive is currently granted.[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. The Dublin procedure is applied to these applicants.[20] However, on the level of the CGRS, the treatment of these requests for international protection is frozen as of February 2022, up until the time of writing (March 2026). In January 2026, 372 Ukrainian applications were ‘on hold’ on the level of the CGRS. In a few cases, applicants have summoned the CGRS to take a decision, which has led to both positive and negative decisions.[21]

 

 

[1]          CGRS, ‘Afghanistan: New Policy’, 2 March 2022, available in English: https://bit.ly/35H5pIe.

[2]          CGRS, ‘Afghanistan: New Policy’, 2 March 2022, available in English: https://bit.ly/35H5pIe.

[3]          For detailed information on this policy, reactions by other actors and protection rates, see previous updates to this report available here.

[4]          CGRS, Asylum statistics December 2025, p. 10, available in English here.

[5]          This is the case if subsequent applications for international protection are taken into consideration. If only first applications for international protection are considered, Afghanistan was the third country of origin, after Palestine and Eritrea. CGRS, Asylum Statistics December 2025, available in English here, p. 6.

[6]          Based on signals received by Vluchtelingenwerk Vlaanderen, author of the AIDA report.

[7]          Information provided by IOM Belgium & Luxembourg, March 2026.

[8]          VRT News, ‘Minister of Asylum and Migration Van Bossuyt wants to talk to Taliban to be able to return more Afghans’, 3 October 2025, available in Dutch here.

[9]          EMN Belgium, Anneleen Van Bossuyt confirms Belgium’s participation in exploratory administrative mission to Afghanistan, 24 January 2026, available in English here.

[10]         CALL, Decision n° 336.435 of 21 November 2025, available in French here; CALL, Decision n° of 21 November 2025, available in Dutch here.

[11]         CGRS, Asylum statistics December 2025, p. 10, available in English here.

[12]         CGRS, Asylum statistics December 2024, p. 10, available in English here.

[13]         CGRS, Temporary suspension of the processing of Iranian cases, 15 January 2026, available in English here.

[14]         CGRS, Temporary suspension of the processing of Lebanese cases, 31 March 2026, available in English here.

[15]         Myria, Contact Meeting January 2026, available in French and Dutch here, p. 21.

[16]         Myria, Contact Meeting September 2025, available in French and Dutch here.

[17]         Myria, Contact Meeting January 2026, available in French and Dutch here, p. 21.

[18]         CGRS, CGRS set to resume procession of Syrian dossiers, available in English here.

[19]         Myria, Contact meeting November 2025, available in French and Dutch here, p. 12-15.

[20]         Myria, Contact meeting November 2025, available in French and Dutch here, p. 6.

[21]         Myria, Contact meeting November 2025, available in French and Dutch here, p. 21.

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation
  • ANNEX II – EU Pact on Migration and Asylum