The Immigration Office examine which country is responsible for examining the application for international protection.
The fact that an application for international protection is lodged in Belgium does not automatically mean that Belgium will also process it. The rules for determining which country is responsible for examining an application for international protection are defined in the so-called Dublin Regulation.
Regulation 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person
The legislative text, ratified by 31 countries (Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland) establishes a number of criteria for designating the only responsible Member State.
The "Dublin" procedure is initiated as soon as a third-country national applies for international protection in one of the Member States. The Immigration Office carries out this examination in Belgium.
The Dublin examination is based on available information, such as identity documents, the results of fingerprint analyses, information that the Belgian authorities receive from other Member States and statements by the applicant.
If Belgium is not the Member State responsible for examining the application for international protection, a decision to refuse residence with an order to leave the territory is taken (annex 26quater). This decision states the Member State responsible and the date on which the Member State responsible (implicitly) accepted the request to take charge/back. An appeal to suspend and annul this decision may be lodged with the Council for Alien Law Litigation (CALL).
The applicant should contact the IO to arrange the transfer to the Member State responsible.
The applicant may also be forcibly transferred to the Member State responsible when:
- the IO believes there is a risk that the applicant will not comply with the decision and will abscond; and
- no other less coercive measures can be applied.
In this case, the applicant may be detained in a well-defined place (closed centre) so that the transfer to the Member State responsible can still take place.
When the applicant is not detained, the transfer must be made within 6 months of the acceptance of the request to take back/ charge. This period can be extended to 12 months ( when detained in prison) or 18 months (if there is a risk of the person absconding).
If Belgium is the Member State responsible for examining an application for international protection, the file is transferred – after an additional interview - to the Commissioner General for Refugees and Stateless Persons (CGRS).
Contact: asylum.dublin [at] ibz.fgov.be