Immigration Office (IBZ):

This is our first stop: where we start our asylum process (request for international protection).

They are the ones conducting the first interview.

CGRS (Office of the Commissioner General for Refugees and Stateless Persons)

Conducts the second interview.

Makes decision on the asylum (international protection), to grant or not a refugee status.

Fedasil (Federal Agency for the Reception of Asylum Seekers):

Coordinates welcoming and receiving asylum seekers (assigning to a reception center etc.)

Provides temporary housing, food, medical care, and support.

Petit Château:

A reception center in Brussels that provides temporary housing before long-term housing is found.

Can house up to 700 people.

Reception Facilities:

Long-term housing for people in the process of asylum.

Provides basic services while the asylum request is processed.

There are around 80 facilities in Belgium, run by Fedasil, the Red Cross, and other NGOs.

The Red Cross:

Runs over 30 reception facilities, providing similar services as Fedasil.

Important to note that there is often a big difference between what these organisations are supposed to do and what they actually do. E.G. while Fedasil is supposed to provide adequate support and housing, they are not meeting their obligations. Despite receiving funds from the Belgian government and the EU, they fail to provide these services, including denying people seeking international protection their right to shelter/housing.

We can apply for asylum (international protection) in Belgium, if we fear returning to our home country (or our previous country of residence If we do not hold citizenship) because we have a well-founded fear of persecution on grounds of:

• Our Race

• Our Religion

• Our Nationality

• Our Political opinion

• Being part of a particular social group

Being LGBTQI+ (often referred to SOGIESC - sexual orientation, gender identity and expression, sex characteristics) falls under "being part of of a particular social group." So, if you identify as LGBTQI+/Queer and have a well-founded fear of persecution, you can apply for asylum.

Let’s define “well-founded fear of persecution”, as in Belgium it is a key element in determining whether someone qualifies for refugee status:

Well-founded fear - A 'well-founded fear' is where you have a reason to fear that you will be persecuted (defined below) if you return to your home country. This fear should be based on real threats or dangers that you have experienced directly or that exist in your home country (other people from the same social group are experiencing it).

Persecution - Persecution is when someone is treated cruelly and unfairly because of who they are or what they believe. This could include things like being harmed, discriminated against or harassed because of your sexual orientation, or gender identity. It can come from the authorities in our country of origin, or even from our family or people we know. 

!The level of persecution you have faced is used as a criterion by asylum institutions, like CGRS, to decide whether or not you can get asylum.!  

Harm - harm is when someone causes you pain, which can be both physical and psychological:

• Physical Pain or Injury: Direct physical harm or injury.

• Psychological Pain: Anxiety, fear, trauma, or other emotional distress. 

It is not always because the harm is not physically visible that it is not there.

The concept of having a "well-founded fear of persecution" isn't given a strict definition on purpose. This leaves more space for assessing what counts as persecution for each asylum seeker, based on their unique circumstances.

CGRA will assess this during conducting the Second interview, that lasts 2 hours+).

The most important aspect of this interview is your story and the way you tell it. Your statements about your sexuality and/or gender identity, and the harm you have experienced as a result, are crucial to being seen as credible by the Protection Officer (CGRA) conducting the interview.

Its always benficial to bring certain documents to support your story and its credibility, however, it is important to add that there is no set answer as to what documents will be considered objective evidence.

If you are applying based on your sexual orientation and/or gender identity, you can bring the following documents with you:

- Letters, emails, social media posts and photographs that mention, for example, your (ex-)partners or relationships in general. This may add to your story when you talk about your sexual orientation.

- References from social workers/psychologists who have helped you and knew about your sexuality or gender identity in your home country, as well as after your arrival in Belgium

- References from doctors, e.g. hormonal therapy. These are usually considered to be more credible than social workers/psychologists.

- Documents proving that you have faced persecution in your country of origin. This could be an arrest warrant, a newspaper article about a particular incident etc.

- Audio/visual content of you participating in socio-political events e.g. demonstrations, marches etc. Especially if these events have been centered around LGBTQI+ movement.

If you fear returning to your country of origin (or your country of previous residence if you are stateless) because you have a well-founded fear of persecution on grounds of race, religion, nationality, political opinion or membership in a particular social group, or because you are fleeing war, torture or inhuman and/or degrading treatment, you can apply for asylum (international protection) in Belgium.

More details under Q 00.2

If you fear returning to your country of origin (or your country of previous residence if you are stateless) because you have a well-founded fear of persecution on grounds of race, religion, nationality, political opinion or membership in a particular social group, or because you are fleeing war, torture or inhuman and/or degrading treatment, you can apply for asylum (international protection) in Belgium.

You can apply for international protection in Belgium, regardless of how you arrived in the country with (short or long term) or without visa. You can also start your asylum process at the border, if the authorities deny you entry to Belgian territory.

However, if you have a visa issued by another Schengen country but Belgium, or if you arrived in Belgium by crossing another EU country, the Dublin Regulation* may apply (see below).

The Dublin Regulation is a European Union law that sets out the criteria and mechanisms for determining which EU Member State is responsible for examining an asylum application. Under the Dublin Regulation, if an asylum seeker wants to apply for protection in Belgium, but has a visa issued by another Schengen country (e.g. Italy), or has arrived by crossing another EU country (e.g. France), one of these countries (Italy or France) may be held responsible for processing the asylum application.

However, the Dublin Regulation is not always applied. For example, if an asylum seeker has family members in Belgium. There are also certain humanitarian grounds or considerations, e.g. there are very few EU member states that have more favourable policies or more robust legal protection for LGBTQI+ asylum seekers than Belgium, and this is usually taken into account. For example, if you plan to come to Belgium via Poland, the Belgian immigration authorities cannot send you back to Poland because Poland has been in breach of EU commitments on LGBTQI+ and women's rights in recent years.

If the Dublin Regulation is applied, you will be notified about it after the first interview. Your lawyer will support you to object to the decision.

Overall, while the Dublin Regulation is the general rule for determining which EU Member State is responsible for processing an asylum claim, there are some exceptions and circumstances where it may not apply. We thought you needed to be informed about these nuances and that is your right to make the best, informed decisions for your asylum application and journey. Our suggestion is to aim for a direct route to Belgium without passing through other EU countries. If that's not an option, we recognise that this may require a certain level of privilege, try to minimise the time spent in other EU countries before arriving in Belgium.

Yes, you can. The migration law allows anyone who fears persecution or serious harm in their home country to apply for asylum, regardless of their immigration status at the time of application.

Yes, you can. The migration law allows anyone who fears persecution or serious harm in their home country to apply for asylum, regardless of their immigration status at the time of application.

Travel tips:

• If feasible, opt for the most direct route to Belgium without passing through other EU countries.

• If you do pass through another EU country, aim to minimise the duration of your stay there before reaching Belgium.

• If you don’t have the means to have accommodation during the first few days of arrival in Belgium, please, mind that The immigration offices are only open from Monday to Friday (except on public holidays). Therefore, the asylum process (thus demand for accommodation) can only be started on these days. !During last months, the Belgian authorities (Fedasil) have stopped providing CIS men with any type of accommodation, thus taking this point into account might not be useful.!

Things to bring:

• Passport or identity document, if possible

• If you do not speak French, Dutch or English, try to have a Text or Voice Translator App installed on your phone

• Link to 00.3

Find a lawyer to support your asylum process:

• You can contact QOM, Vluchtelingenwerk Vlaanderen, Rainbow Refugee Committee or other NGOs to help you find a free (pro bono) lawyer experienced in SOGIESC cases.

Accommodation:

• As mentioned above, Fedasil has not been respecting their obligations to provide asylum seekers with adequate housing. After starting your application, it takes them up to 3 months to find you a reception center. During these months, cis males are left on the streets, while the rest of the asylum seekers are assigned to different temporary shelters across Brussels (e.g. Petit Chateau). The conditions in these temporary shelters are not meeting the basic standard of living, the environment feel unsafe for LGBTQI+ folks etc. If possible and if you have access, before arriving to Belgium try to get involved with people locally who could host you for a few weeks/days. Upon arrival contact different organisations to support you in finding a housing e.g. Rainbow Refugee Committee, Cadal, QOM etc.

While Belgium is one of the more progressive countries in Europe in terms of LGBTQ+ acceptance and policies, and the larger cities are host to strong and active queer communities, there are still many people and even institutions that can be much less accepting. This is also the case for migration institutions and their workers.

Queer people continue to face harassment and discrimination on a daily basis in Belgium too. However, there are many LGBTQ+ collectives and organisations that provide support services, as well as actively promote a sense of community by proposing different initiatives. It may take some time before you feel comfortable in Belgium and fully understand where you prefer to socialise. For more info, refer to the question "What are the queer safe(r) places in Belgium?" under the section Navigating life in Brussels.

• https://www.arcenciel-international.be/fr/accueil

AIR (Arc-en-Ciel International Rainbow) is a platform providing information and tools in the field of LGBTQIA+ migration. It provides a good overview of the asylum process, as well as about social integration in the country. The information is aimed specifically at LGBTQI+ international protection seekers and refugees in Belgium. 

• https://www.cire.be/outil-pedagogique/accueil-faq/

CIRÉ works on the issues relating to the reception of asylum seekers in Belgium. They have also developed a FAQ page to provide information and answer questions frequently asked to CIRÉ about the reception of asylum seekers 

Below are the resources provided from the migration institutions. Please, mind that they might not be tot:

• https://www.fedasil.be/en/asylum-belgium/asylum-procedure

General overview of the asylum procedure in Belgium. Updated on august 2022.

• https://www.asyluminbelgium.be/language_selection_page?destination=/node/30 

Explanatory videos about asylum procedure in Belgium by CGRA.

• https://home-affairs.ec.europa.eu/policies/migration-and-asylum/common-european-asylum-system_en

Information about the common European asylum system and legislation.