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04/08/2023
BE: The Council for Alien Law Litigation confirmed the position of the CGRS that carrying out personal interviews via Microsoft Teams ensured 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 Qualification Directive (Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as BIP for a uniform status for refugees or for persons eligible for subsidiary protection- recast)/or QD 2004/83/EC
Reference
Belgium, Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL], X v Commissioner General for Refugees and Stateless Persons (CGRS), No 292 547, 04 August 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=4032
Case history
Other information
Abstract

The applicant, a national of Peru, lodged an application for international protection in Belgium on 9 June 2023. On appeal against the negative decision of the CGRS of 10 July 2023, the applicant argued before the Council for Alien Law Litigation (CALL), that the CGRS, by carrying out the personal interview by Microsoft Teams did not 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 additional protection measures it had taken ensured confidentiality and did not allow a third party to access personal information during the personal interview. The Council also examined the situation in Peru and confirmed the decision of the CGRS to refuse international protection.
Country of Decision
Belgium
Court Name
BE: Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL]
Case Number
No 292 547
Date of Decision
04/08/2023
Country of Origin
Peru
Keywords
Data protection
First Instance determination
Personal Interview/ Oral hearing