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04/07/2023
BE: The Council for Alien Law Litigation confirmed the position of the CGRS that carrying out personal interviews via Microsoft Teams ensured that appropriate confidentiality considering the additional measures taken by the CGRS.

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Decision
Original Documents
Relevant Legislative Provisions
Revised Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) and/or APD 2005/85/CE
Reference
Belgium, Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL], X v Commissioner General for Refugees and Stateless Persons (CGRS), No 291 490, 04 July 2023. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=4030
Case history
Other information
Abstract

The applicant, a Syrian national, travelled to Belgium on 20 April 2023, was refused entry into the territory and was transferred to a closed centre. He lodged an application for international protection on 25 April 2023. After a rejection by the CGRS due to the fact that the applicant was already a beneficiary of protection in Cyprus, and an annulment of that decision by the Council for Alien Law Litigation (CALL), the CGRS decided on 15 June 2023 to again reject the request as inadmissible. The applicant appealed this decision before the CALL. He raised the fact that the personal interview took place by Microsoft Teams which, according to the applicant, cannot guarantee confidentiality, and thus the personal interview should not be considered in accordance with the General Data Protection Regulation (GDPR). The Council confirmed the position of the CGRS that the measures it had taken ensured appropriate confidentiality of the personal interview carried out remotely.
Country of Decision
Belgium
Court Name
BE: Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL]
Case Number
No 291 490
Date of Decision
04/07/2023
Country of Origin
Syria
Keywords
Data protection
First Instance determination
Personal Interview/ Oral hearing