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M.S.S. v. BELGIUM AND GREECE JUDGMENT
1.26%. By comparison, in 2008 the average success rate at first instance
was 36.2% in five of the six countries which, along with Greece, receive the
largest number of applications (France, Germany, Italy, Sweden and the
United Kingdom)1.
127. Until 2009, 95% of asylum applications went through the Attica
police headquarters. Since the processing of asylum applications was
decentralised to police headquarters all over the country, about 79% of the
applications have been handled by the Attica police headquarters.
IV. RELEVANT LAW AND PRACTICE IN BELGIUM
128. The Aliens Act sets out the different stages of the asylum
procedure. Where “Dublin” asylum-seekers are concerned, the relevant
provisions may be summarised as follows.
A. The Aliens Office
129. The Aliens Office is the administrative body responsible for
registering asylum applications after consulting the Eurodac database. It is
also responsible for interviewing asylum-seekers about their background in
order to determine whether Belgium is the country responsible under the
Dublin Regulation for examining the asylum application. These aspects of
the procedure are regulated by section 51/5 of the Aliens Act.
130. After the interview, the Aliens Office completes the “Dublin”
request form. The form contains sections for general information about the
asylum-seekers and for more specific details of how they got to Belgium,
their state of health and their reasons for coming to Belgium. There is no
provision for asylum-seekers to be assisted by a lawyer during the
interview.
131. Where the Aliens Office considers that Belgium is responsible
(positive decision) under the Dublin criteria or by application of the special
clauses, or because the deadline for transfer has passed, it transmits the
application to the Office of the Commissioner General for Refugees and
Stateless Persons (CGRS), the Belgian body responsible for examining
asylum applications.
132. Where the Aliens Office considers that Belgium is not responsible
for examining the application (negative decision), it submits a request to the
State responsible to take charge of the application. If that State agrees,
explicitly or tacitly, the Aliens Office rejects the asylum application and
issues a decision refusing a residence permit, together with an order to leave
the country.
1. UNHCR, 2008 Global Trends: Refugees, Asylum-seekers, Returnees, Internally
Displaced and Stateless Persons, 2008.