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If an applicant for international protection does not agree with a negative decision of the Commissioner General for Refugees and Stateless Persons (CGRS), they may lodge an appeal before the Council for Alien Law Litigation (CALL) with the assistance of their lawyer. The appeal must contain all the relevant elements allowing the CALL to examine the case.

Time limit for appeal

The appeal must be lodged within the time limit indicated in the CGRS decision. It is important to act quickly, as the deadline depends on the type of decision. In the ordinary procedure, it is generally 30 days, but it may be reduced to 10 days or even 5 days, particularly in certain accelerated procedures or when the applicant is being held in detention.

The investigation of CAD

The CALL examines the CGRS decision in accordance with the powers granted to it by Belgian law. In most appeals against a CGRS decision, the CALL carries out a full examination of both the facts and the law. You and/or your lawyer will normally be invited to attend a hearing, unless the CALL decides that the case can be examined without one in the situations provided for by law. As a general rule, as long as your appeal has suspensive effect, you cannot be forcibly removed from Belgian territory while the appeal is pending.

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However, some specific procedures provide for appeals that do not automatically suspend removal, particularly in certain cases involving subsequent applications or inadmissibility decisions. Your lawyer will be able to advise you on the rules applicable to your individual situation.

The CAD decision

The CALL may take one of the following decisions:

• Uphold the decision of the CGRS. In that case, the decision becomes final unless an appeal on points of law before the Council of State is available and lodged.
• Reform the decision of the CGRS by granting refugee status or subsidiary protection itself.
• Annul the decision of the CGRS. In that case, the CGRS must examine the application again, taking into account the observations made by the CALL.

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