Accelerated procedure

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General (scope, grounds for accelerated procedures, time limits)

The amended Aliens Act introduces the concept of “accelerated procedure”, which can be applied in cases where the applicant:[1]

1. Only raises issues irrelevant to international protection;
2. Comes from a Safe Country of Origin;
3. Has misled the authorities by presenting false information or documents or by withholding relevant information or documents relating to their identity and/or nationality which could have a negative impact on the decision;
4. Has likely, in bad faith, destroyed or disposed of an identity or travel document that would have helped establish their identity or nationality;
5. Has made clearly inconsistent, contradictory, clearly false or obviously improbable representations which contradict sufficiently verified country of origin information, thereby making their claim clearly unconvincing;
6. Has made an admissible Subsequent Application;
7. Has made an application merely to delay or frustrate the enforcement of an earlier or imminent removal decision;
8. Entered the territory irregularly or prolonged their stay irregularly and without good reasons has failed to present him or herself or apply as soon as possible;
9. Refuses to comply with the obligation to have their fingerprints taken; or
10. May, for serious reasons, be considered a danger to the national security or public order or has been forcibly removed for serious reasons of national security or public order.

The CGRS shall decide on the application within 15 working days.[2] When the application is treated under the accelerated procedure on the aforementioned grounds, it may pronounce the application as manifestly unfounded.[3] This affects the order to leave the territory, which will be valid between 0-7 days instead of 30 days.

Personal interview

Exactly the same legal provisions apply to the personal interview in the accelerated procedures, including the ones dealing with the admissibility of the application, as to the one in the Regular Procedure: Personal Interview. The only difference provided for is that in case of detention, the interview takes place in the detention centre where the applicant is being held, but this has no impact on the way the interview takes place as such.[4] Also an interpreter is present during these interviews. The CGRS conducts interviews through videoconference in the closed detention centres. Since 19 September 2022, the modalities of this way of conducting remote interviews are officially laid down in a Royal Decree (see Regular procedure: personal interview).

Appeal

An appeal in the accelerated procedure must be lodged within 10 days and has suspensive effect. [5]

Legal assistance

The right to legal aid applies in the same way to the accelerated procedure as it does in the Regular Procedure: Legal Assistance. “Pro-Deo” lawyers get precisely the same remuneration for similar interventions in accelerated procedures as in regular ones. In order to avoid that crucial time would be lost with formally getting the appointment of a lawyer arranged in time, it is accepted that formal appointment of the lawyer can take place until one month after the actual intervention.

[1] Article 57/6/1(1) Aliens Act. 

[2] Ibid. 

[3] Article 57/6/1(2) Aliens Act. 

[4] Article 13 Royal Decree on CGRS Procedure.

[5] Article 39/57(1)(2) Aliens Act.