this time, the CGRA may grant refugee status or subsidiary protection, in accordance with the Aliens Act.455 3. Refugee Status Determination Process: The Legal Framework The Aliens Act was amended in 2006 as part of the introduction of subsidiary protection, and it entered into force in June 2007. Asylum claims are examined on the basis of the criteria set out in Article 48 of the Aliens Act, which directly refers to the Refugee Convention. Article 48/3(1) provides: Refugee status is granted to an alien who meets the conditions laid down in Article 1 of the Geneva Convention of July 28, 1951 relating to the Status of Refugees as amended by the New York Protocol of January 31, 1967.456 Article 55/2 of the Aliens Act refers directly to Article 1D of the Refugee Convention. An alien is excluded from refugee status when Article 1, Section D, E or F of the Geneva Convention is applicable. This is also applicable to people who instigate or otherwise participate in the crimes or acts mentioned in article 1F of the Geneva Convention.457 4. Refugee Status Determination: Article 1D Although article 55/2 of the Aliens Act does not explicitly refer to Article 1D’s independent inclusion clause, 1D is generally accepted as part of domestic law. In a 2009 Annual Report published by the Aliens Litigation Council (Conseil du Contentieux des Étrangers, “CCE”),458 the Council stated that article 55/2 specifically incorporated Article 1D; and that the position of article 55/2 was in line with the October 2009 UNHCR Note. The report explains that: The possibility of return is, for this reason, considered an essential part of the consideration for the application of Article 1D of the Geneva Convention. If the country of habitual residence prevents the return, the individual is recognized as a refugee. In this case, there is no further proceeding to examine the claim under Article 1A of the Geneva Convention.459 455 State of Belgium, “Loi Du 15 Décembre 1980 Sur L’accès Au Territoire, Le Séjour, L’établissement et L’éloignement Des Étrangers [French],” December 15, 1980, https://dofi.ibz.be/sites/dvzoe/FR/ Documents/19801215_F.pdf, especially Article 48/4. 456 Ibid., Article 48/3(1), our translation. 457 Ibid., Article 55/2, our translation. 458 Conseil du Contentieux des Étrangers, Rapport Annuel 2009-2010 [French], 79, accessed November 17, 2014, http://www.rvv-cce.be/rvv/rapportannuel0910.pdf. 459 Ibid., 80, our translation. Survey of Protection at the National Level 93