First Interview
This section will guide you in understanding how to prepare for the first interview, what to expect, and the importance of having a lawyer during the asylum process.
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During the first interview, they want to know more about your identity, family situation, heritage, residence and travel. Next to that, it is important to tell them all the reasons why you have fled your country of origin and show them all the documents that are relevant to your situation. It is important to give them all the reasons since this interview will be the foundation for your second interview where they will take a closer look at these elements.
It usually lasts around 40 minutes.
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They will register the following information concerning your request:
- your identity information
- your relevant documents
- your address for further correspondence
- a picture of you
- your fingerprints
- a medical examinationYou will get a questionnaire that you have to fill in, based on those questions Belgium wants to examine what State is responsible for you (f.e. they can send you back to the State that you entered first), what the reasons are for your asylum request and if this isn’t your first application, if there are new elements in the case.
Some examples of the questions on the questionnaire:
- Have you been arrested?
- Have you been convicted?
- Were you active in an organization (criminal, politics, …)?
- What do you fear when you would have to go back to your home country?
- Why do you think you are in danger of those things? State all the facts that have led to you fleeing your country.Next to these questions, you will also be asked about administrational aspects of your asylum case e.g. if you need an interpreter; whether you have any special needs that they have to take into account during the procedures and interviews. This can be because of a handicap or a trauma. There are many options to accommodate your needs, this can be more breaks during the interviews, getting to choose the gender of your interpreter, getting interviewed in a room where there is the place for your wheelchair, getting interviewed in a room without having to take the stairs because you are not able to climb the stairs etc.
Passport
Travel documents
Any proof of discrimination
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If you are staying in a reception facility, you will receive a list of lawyers from your social assistant. It is a lawyers’ job to help you with your case, but some lawyers do not have enough time or knowledge to do this adequately.
Queer sensitive lawyers
There are two ways to get help and support from Pro-bono lawyers in Belgium: 1- Contacting the local legal aid office, who will appoint you a personal lawyer if you qualify. 2- You choose and contact a lawyer who will file the request for free legal aid on your behalf.
Pro-bono legal aid in Flanders: https://www.advocaat.be/een-advocaat-raadplegen/wat-kost-een-advocaat/pro-deo
Pro-bono legal aid in Brussels and Wallonia: https://avocats.be/fr/bureaux-daide-juridique-baj
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Yes. Your lawyer does not work for the state but they work for you. The better they know your case, the better they can help you.
However, most of the lawyers in Belgium are white, upper class background, and they might have their own biases and stereotypes. We cannot guarantee that they have put any effort in deconsturcting themselves. -
Some lawyers might become specialized in these cases through training or through experience.
They are not necessarily queer themselves. This list just says that they have been handling SGIESC cases + they might have gone a lgbtq+ sensitivity course. Unfortunately, they still use gendered language (address you with sir or madame). This does not mean they will not respect the gender you share with them, but it will be a binary approach, you either will be madame or sir.
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When you register for asylum you will be asked to give a chosen address for all the correspondence like sending you the notice for your first interview. If you do not give an address it will be assumed you chose the address of the CGRA.
- You are detained in a facility at the border, a closed shelter or jail
When you are detained in a facility at the border, jail or a closed shelter, you will be contacted through the facility and the first interview will take place at the facility itself or through videoconference.- You are staying at another reception center
When you are staying at another reception center the notification of your first interview will be given to the director of the center who will let you know.- You are admitted to a hospital
You can give the address of the hospital and the correspondence will be sent to them.- You have a lawyer
Your lawyer will also be contacted about information concerning your first interview. If you are staying on the street and have no address to give for correspondence it can be advised to have a lawyer who gets this notice.! Important !
If your living situation changes during the procedure you have to fill in the form ‘change of choice of residence’. Both the CGVS and DVZ need to be informed about this. You can do that by sending the form to both by registered letter or delivering the form, in person, to the helpdesk of the CGVS. A simple change of your formal residence address at the municipality will not suffice.