period and comes with the right to family reunification with immediate family
members, subject to demonstrating ability to support them.481 If granted subsidiary
protection, the residence permit is for one year and is renewable if the circumstances
necessitating international protection continue. After the first year, the residence
permit will be for two years. After five years of subsidiary protection, the person
will normally be granted permanent residence.482 Following a September 2013
decision of the Constitutional Court, a person who is granted subsidiary protection
is eligible for family reunion on the same conditions as a person recognized as a
refugee.483
Persons granted some form of protection in Belgium may stay at a reception
center for 2 months after a positive decision and can request further assistance from
social services.484
In case of a negative decision, an appeal of the CGRA decision can be lodged
with the CCE. Appeals with the CCE should be filed within 30 days of a CGRA
decision.485 The CCE may confirm the CGRA’s decision, overturn the decision, or,
if the applicant has not presented sufficient elements to decide on the case, the CCE
may refer the case back to the CGRA to re-examine the asylum application and
make a new decision.486 Decisions of the CGRA that deny refugee status, but grant
subsidiary protection, can be appealed to the CCE. An appeal of such a decision
suspends subsidiary protection,487 and the CCE takes its own decision, which may,
in the end, result in refusal to grant subsidiary protection or refugee status.488 A
timely submitted appeal suspends the effects of a negative decision on an asylum
application, and no removal action can be taken.489 In some cases, further appeal to
The Refugee Forum, International Asylum Systems: Belgium (University of Ottawa, Human Rights
Research and Education Centre, 2010), 1, http://cdp-hrc.uottawa.ca/en/projects/refugee-forum/
projects/systems/documents/BelgianAsylumSystem.pdf (last visited on August 26, 2014).
482
Ibid., 2.
483
Belgian Refugee Council (CBAR-BCHV), Family Reunification of Beneficiaries of Subsidiary Protection
in Belgium, Addendum to the Brochure “Family Reunification of Refugees Recognized in Belgium,”
June 2014, 1, http://www.cbar-bchv.be/LinkClick.aspx?fileticket=cOxyKWsQG1E%3d&tabid=211&
mid=791&language=en-US.
484
Fedasil, “Reception of Asylum Seekers,” accessed November 18, 2014, http://fedasil.be/en/
content/reception-asylum-seekers.
485
Office of the Commissioner General for Refugees and Stateless Persons, “Asylum Procedure Appeal against the Decision,” accessed November 18, 2014, http://www.cgra.be/en/Procedure_d_
asile_en_pratique/Recours_contre_la_decision/.
486
Office of the Commissioner General for Refugees and Stateless Persons, “Asylum Procedure - Final
Decision,” accessed November 18, 2014, http://www.cgra.be/en/Procedure_d_asile_en_pratique/
Decision_finale/.
487
Office of the Commissioner General for Refugees and Stateless Persons, “Asylum Procedure Appeal against the Decision.”
488
Office of the Commissioner General for Refugees and Stateless Persons, “Asylum Procedure - Final
Decision.”
489
Office of the Commissioner General for Refugees and Stateless Persons, “Asylum Procedure
- Appeal against the Decision;” Foreign Affairs, Foreign Trade and Development Cooperation,
“Asylum,” accessed November 18, 2014, http://diplomatie.belgium.be/en/policy/policy_areas/
striving_for_global_solidarity/asylum_and_migration/asylum/.
481
100
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