Case summaries
Belgium – Constitutional Court, 1 December 1994, Nr. 83/94
Country of applicant:
Romania
This case concerned subsequent applications for asylum. The Constitutional Court ruled that Art 50, (3) and (4) of the Belgian Aliens Law (current Art 51/8) should be interpreted in such a way that the possibility to lodge an appeal for suspension of that decision is only excluded in cases where the following three conditions are met:
(1) the applicant has filed an earlier asylum application that was refused;
(2) the applicant has had the opportunity to appeal this decision and to exhaust his legal remedies;
(3) the applicant is making an identical asylum application without submitting any new elements.
Date of decision:
01-12-1994