In April 2008, Mayer Brown partnered with The List Project to Resettle Iraqi Allies, a non-profit organization dedicated to helping to resettle those Iraqis whose lives are at risk because of their affiliation with the US military and reconstruction effort in Iraq. One such Iraqi, Mr. O, fled Iraq and ended up in Belgium.  As part of our work with The List Project, I volunteered to assist Mr. O with his asylum application.  In the past and as part of the Brussels bar pro bono work, I have been involved in asylum matters including litigations before the Belgian Supreme Courts. Rob Davis, a partner in the Chicago office, also represents Mr. O with respect to the US aspects of his application.

The Belgian asylum procedure comprises a two-stage process: the first involves the Aliens' Office (Office des Etrangers) checking the admissibility of the request and gathering general information on the applicant.  The Commissioner General’s Office for Refugees and Stateless Persons (Commissariat Général aux Réfugiés et Apatrides) then investigates the application and decides whether or not to grant refugee status or subsidiary protection.

The procedure with the Aliens' Office typically takes place during a three-month period. Applicants are not allowed legal representation during the various interviews, which are aimed at establishing each applicant’s identity, the details of their arrival in the country and the language to be used during the procedure (Dutch, French or German). Most importantly, the Aliens' Office is responsible for investigating whether Belgium is the competent authority to process the asylum request (in accordance with the Dublin II Regulation). If Belgium is determined to be the competent authority, then the Aliens' Office formally accepts the application and transmits the file to the Commissioner General’s Office for Refugees.

I helped Mr. O prepare for his various interviews and am happy to report that he succeeded in having his application accepted by the Aliens' Office.
During the second phase, the Commissioner General’s Office conducts several interviews with the applicant to check the reason for the application, the motivation of the applicant, and whether he is within the criteria of the Geneva Convention. The interviews also aim to investigate the coherence of the matter and determine if there is any fraudulent behavior. Interviews generally last about two hours. The outcome results in a decision to (i) grant refugee status (for an indefinite term), (ii) grant subsidiary protection status (for one year, which can be renewed) or (iii) reject the application.

Mr. O was interviewed twice: in March and in early June, and I again helped him to prepare for these interviews. I was also present with him during the interviews,  providing support and taking notes to ensure that he is able to keep track of the testimony and other evidence he has provided. 

On 1 July 2009, the Commissioner General’s Office for Refugees and Stateless Persons notified that Mr. O  has been granted refugee status in Belgium. This is great news and a tremendous relief. The Ministry of Homeland Affairs (Ministère de l’Intérieur) has 30 days to appeal against that decision.