Translation for an International Protection Application in Belgium

Introducing an application for international protection in Belgium is a procedure that involves numerous documents - some that you have brought with you, others that you must have drawn up or translated. Understanding which to translate, when and in what form, can make a real difference in the examination of your file. This guide gives you a clear and practical overview of the procedure and the role of translations.

The Belgian international protection procedure in four steps

Belgium applies the Geneva Convention of 1951 relating to the status of refugees and the European directive 2013/32/EU (Procedures directive). The procedure comprises four main steps:

• Step 1 - Registration with the Immigration Office (OE): the applicant presents themselves at the Immigration Office (rue des Quatre Bras, 2, in Brussels) to formally file their application. They are registered, their biometric data are taken and they receive a provisional identity document (annex 26 or 26quater). The OE is competent for residence matters but not for the examination of the substance of the application
• Step 2 - Examination by the CGRA: the General Commissariat for Refugees and Stateless Persons (CGRA) is the independent authority that examines the substance of the application. It summons the applicant to a hearing (sometimes several), analyses the documents provided and the information on the country of origin (COI - Country of Origin Information), then renders a decision granting or refusing protection
• Step 3 - Possible appeal to the CCE: in the event of a negative decision by the CGRA, the applicant may lodge an appeal within a period of 30 days with the Council for Alien Law Litigation (CCE), a specialised administrative court. In the event of rejection by the CCE, an administrative cassation appeal before the Council of State remains possible
• Step 4 - Residence permit and integration: in the event of a positive decision by the CGRA (granting of refugee status or subsidiary protection), the applicant receives a residence permit (electronic card of type A or B according to the status) and the NANSEN card for refugees recognised under the Geneva Convention

Documents to gather and translate for your file

The CGRA examines the substance of your application relying notably on the documents that you provide to it to substantiate your fears of persecution or the serious risks you would run in the event of a return to your country of origin. Even if no document is strictly mandatory (you can introduce an application without any document), documentary evidence considerably strengthens the credibility of your account.

Here are the most useful categories of documents and the question of their translation:

• Civil status documents: birth certificate, marriage certificate, family record book. They establish your identity and your family situation. If they are written in a foreign language, the CGRA may request a translation to understand them. A sworn translation is not systematically required for these documents in the context of the CGRA procedure, but it strengthens the perceived reliability of the document
• Passport or travel document: if you have one, hand it over. The CGRA may use it to verify your journeys and your identity. If the passport is in a language with a non-Latin script, a translation of the main data is useful
• Documents proving the persecutions suffered: this is the most important and the most sensitive category. It may be foreign judicial decisions (conviction, arrest warrant, detention order), press articles relating facts concerning you, threatening letters, summonses from the police or intelligence services, documents of disciplinary or political proceedings. These documents must be translated so that the CGRA can read and analyse them
• Medical or psychological certificates: in the event of trauma, torture or physical after-effects related to the persecutions suffered, a medical or psychological report drawn up in Belgium by a French-speaking or Dutch-speaking doctor or psychologist will be directly legible. A report drawn up abroad will have to be translated
• Documents relating to Fedasil accommodation: during the procedure, the applicant may be accommodated in a reception centre managed by Fedasil (Federal Agency for the reception of applicants for international protection). The administrative documents of the reception structure are generally in French or Dutch and do not require translation

Sworn translator and community interpreter: an essential distinction

It is important to clearly understand the difference between these two functions, often confused:

The sworn translator (or sworn translator, registered with the RNEJ - National Register of Judicial Experts) translates written documents from one language into another. Their translation is certified accurate and bears their signature and their stamp. It is they who translate foreign judgments, civil status certificates, threatening letters or any other written document that you hand over to the CGRA.

The community interpreter (or interpreter in asylum procedures) assists people during oral interviews - notably the hearing at the CGRA. The CGRA is legally required to provide an interpreter free of charge for all hearings. You therefore do not have to organise the interpreting for your interview yourself, nor to pay the cost of it.

On the other hand, for the written documents that you wish to submit in support of your application, it is up to you to ensure that they are translated (or to request help with this from your lawyer or from a refugee aid organisation).

Confidentiality and protection of translations

The confidentiality of your international protection file is protected by Belgian and European law. The documents that you hand over to the CGRA are not public and cannot be transmitted to the authorities of your country of origin. Professional translators, whether sworn or certified, are also bound by an obligation of discretion and confidentiality regarding the information contained in the documents that they translate.

If you need to have particularly sensitive documents translated (documents relating persecutions, threats, convictions), you can signal this to your translator, who will handle your file with all the attention and discretion required. Second-line legal aid (court-appointed or pro bono lawyer via the legal aid offices) can also guide you on the documents to translate as a priority according to your specific situation.