The Asylum Process and Its Legal Stages – 3

What Types of Decision Are There?

After examining the file, the competent authorities send a written notice to the applicant or their lawyer. This notice usually contains one of three main decisions (in Germany, entitlement to asylum under the Basic Law and a ban on deportation, Abschiebungsverbot, are also assessed as separate outcomes):

• Recognition of refugee status (acceptance): The most positive outcome. It means that the person’s rights are protected and that the way is open to processes such as a residence permit and family reunification.
• Subsidiary protection: Another form of protection, granted when the applicant does not fully meet the individual criteria for refugee status but would face war, generalised violence or ill-treatment on return to their country. The rights it brings are quite close to those of refugee status.
• Rejection (negative decision): Issued when the application is not found credible or does not meet the criteria. But the most important thing to remember is this: a rejection is not the end of the road; in a sense it is the start of the second stage of the legal struggle.

Note: In some cases an “inadmissibility” decision may be issued. For example, if the person already has protection status in another safe country, or if it is established under the Dublin rules that another European country is responsible, the application may be rejected without being examined on its merits.

What Should You Do If Your Application Is Rejected? 

If the application is rejected, the applicant should not panic but immediately look at the options for appeal. Appeal deadlines in Europe are very short, and missing them can mean losing your rights. The exact deadline depends on the type of decision, so always check the information on legal remedies in your decision (in Germany, the Rechtsbehelfsbelehrung). 

Germany

• Deadline for standard rejections: An appeal must usually be filed with the administrative court within 2 weeks (14 days) of the decision being served on the applicant. The appeal allows the person to stay in the country until the court has ruled (it has suspensive effect).
• Deadline for accelerated / “manifestly unfounded” rejections: If the application was rejected as “manifestly unfounded”, the deadline drops to 1 week (7 days). In this case, both the appeal and an urgent application for interim relief (Eilantrag), seeking to prevent deportation while the case is examined, must be filed within the same week.

Netherlands

• Standard procedure: There are 2 weeks to appeal against a rejection to the district court. The court relies heavily on the interview report and the documents submitted.
• Accelerated procedure: Here the deadline is 1 week. If the district court also rules against the applicant, a further appeal to the Council of State (Raad van State) is possible under limited conditions. Options for a fresh review on human rights grounds should also be explored.

Belgium

• Standard procedure: An appeal against a general rejection must be filed within 30 days. Appeals go directly to the Council for Alien Law Litigation (CALL/CCE).
• Accelerated procedure: Appeals against inadmissibility decisions must be filed within 15 days. Note that in Belgium, if status is finally lost at the end of the legal process, there is a risk of losing accommodation and state support. Following the process very closely is therefore vital.

Additional Protection Routes and Alternative Statuses

If, despite all appeals, the applicant does not obtain refugee status, “humanitarian residence” or “additional protection” mechanisms under national law or international law may come into play.

Examination of its own motion: In Germany, for example, the BAMF assesses subsidiary protection of its own motion where a person faces a serious threat to life because of a civil war in their country (e.g. Syria or Yemen), even if they have not suffered individual persecution.

Periodic schemes and regularisation: Some countries offer additional options under certain conditions. In Spain, for example, people who have stayed without registration or permission for a certain period but have integrated into society can be granted residence through arraigo (rootedness). Italy periodically adopts regularisation schemes depending on labour needs. People considering an asylum application should look into these options as well, depending on their situation and timing. 

What Happens If the Appeals Are Also Rejected?

Once the legal routes above are exhausted, two main paths remain:

Voluntary Return Programmes

If the applicant decides to return home, they can do so not by falling into irregular status and being deported, but through assisted voluntary return programmes supported by organisations such as the International Organization for Migration (IOM). These programmes cover the flight and provide some financial or practical reintegration support, however modest, to help the person build a new life in their country.

Subsequent Application (Applying for Asylum Again)

If the applicant refuses to return and chooses to stay, their asylum route is closed, although other legal grounds for staying may still exist in some cases; and if circumstances change, a new door may open. In most European countries, a right to make a subsequent application (a new asylum claim based on new circumstances or evidence) arises in cases such as these:

• a major new political or military development in the home country that directly affects the person’s situation,
• new, concrete and previously unsubmitted evidence or documents proving a threat to their life,
• a serious medical condition.

In this process too, however, it must be clearly shown that the new evidence is different from and stronger than before.

Important: The asylum process changes a person’s entire life and requires strong mental health, patience and resilience. The decision stage in particular calls for staying calm and acting quickly to use the available appeals. Sharing every document you receive with a lawyer or qualified adviser before the deadline runs short is the safest way to protect your rights.

Note: The practical information in this series has been compiled for general information on the basis of current migration legislation in European countries, EU administrative guidance and UNHCR guidance notes.