You can file a new application at the Immigration Office. As with the first application, you will do this at the ‘Klein Kasteeltje/Petit Château’ reception centre. The interview at the IO (DVZ/OE) will only deal with the new evidence.
Reapplying for asylum
The IO (DVZ/OE) will only register your new application if you received a decision of refusal about your previous application and after the appeal’s procedure has been closed. In case of a new application, the CGRS will only examine new evidence that increases your chance of obtaining a protection status. It is useless to file a new application if you do not have any new evidence.
The CGRS will only examine a new application if you have evidence that you did not mention in your previous application. The CGRS will not re-examine any evidence already examined in your previous application(s), so you will not be able to explain the former evidence again. The new evidence must increase your chance of obtaining refugee status or subsidiary protection status. This may involve:
- new facts that happened after your previous asylum application was rejected;
- new documents or declarations that prove that your situation is different than previously assumed by the CGRS. However, if you submit a new document, you must be able to explain why you did not do so earlier.
For a subsequent application, the CGRS does not have to invite you for a personal interview and can take a decision based on your file.
The CGRS can take one or two decisions:
- a decision of inadmissibility if the new evidence you presented does not increase your chances of obtaining an international protection status;
- a decision of admissibility if the CGRS concludes that the new evidence increases your chances of obtaining international protection. When it takes a decision of admissibility, the CGRS will normally invite you for an interview, for which you will receive a letter of invitation. The CGRS will examine in detail the new evidence in order to take a decision (link to decision second interview?)
You can only stay in a reception centre after the CGRS has taken a decision of admissibility.
If you do not agree with the decision, you can bring an appeal to the Council for Alien Law Litigation (RvV/CCE). Ask your lawyer to help you with this. Do it quickly because the time limit to bring an appeal is very short.