Appeal deadline before the Council for Alien Law Litigation
The last day to file the appeal, from the date of the decision, the body that took it and the way it was notified.
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Immigration Office decision, letter posted on 2 September 2026: appeal until 5 October 2026.
Sources
Rules verified on 05/10/2026
- CCE / RvV: FAQ on the new procedure rules (04/08/2026)
- Law of 17 June 2026 on the Aliens Litigation Council (MB 19/06/2026; final text, DOC 56 1399/009)
A tool to assist lawyers. The lawyer remains responsible for the calculation and for checking the applicable rule.
How it works
How the calculation works
The regime. The date the decision was taken, not the date of notification, decides the rules. Decision taken from 19 June 2026: law of 17 June 2026. Decision taken earlier: old art. 39/57 of the law of 15 December 1980 (art. 5.12 § 1 of the new law).
The deadline. It depends on the deciding body and the decision (art. 2.15):
- 30 days: general rule, including a CGRS decision in the normal procedure, even if the applicant is detained;
- 10 days: Immigration Office, person detained when notified, transfer decision (Dublin), border procedure, return decision with a removal decision or linked to a CGRS decision with a 10-day deadline; CGRS, inadmissibility (including a subsequent application), implicit withdrawal, rejection in the accelerated procedure;
- 5 days: Immigration Office, refusal of entry, return or removal after a decision already notified, refusal of entry linked to a CGRS decision with a 5-day deadline; CGRS, subsequent application inadmissible and lodged in detention, rejection in the asylum border procedure.
Day 1. It follows from the way of notification (art. 2.5):
- registered letter with acknowledgment of receipt: the day after the letter was presented;
- registered or ordinary letter: the decision is deemed notified on the second working day after it was handed to the post; day 1 is the next day, even a Saturday;
- hand delivery against receipt: the day after delivery or refusal;
- J-Box or fax: the day after sending.
Under the old art. 39/57, day 1 for a letter is the third working day after it was handed to the post.
The last day. Saturdays, Sundays and public holidays count. If the last day is a Saturday, a Sunday or a legal public holiday, the deadline moves to the next working day. The appeal can be filed until midnight.
Legal basis
- Law of 17 June 2026 on the Council for Alien Law Litigation (Belgian Official Gazette of 19 June 2026), arts. 2.5, 2.15, 2.22, 2.23, 5.12 and 5.13. The Senate did not evoke it: the final text is the one adopted by the Chamber, DOC 56 1399/009 (identical to DOC 56 1399/007).
- Law of 15 December 1980, old art. 39/57.
- CCE FAQ on the new procedure (4 August 2026, French).
Points of attention
- Decision taken from 12 to 18 June 2026. Art. 5.13 sets entry into force on 12 June, but the CCE applies the law from its publication on 19 June. The tool applies the old rules and says so.
- Removal after a return decision. If a removal decision follows within the 30 days, the deadline becomes 5 days from its notification, never beyond the original 30 days (art. 2.15 § 1).
- Urgent procedure. It has no deadline of its own: the urgent appeal is filed within the 10-day or 5-day deadline, only through J-Box or by hand at the registry, with the heading "PROCÉDURE URGENTE" or "URGENTE PROCEDURE".
- Court fee. €251 per applicant and €26 for the second-line legal aid fund, paid within 8 days of the CCE's order. Otherwise the appeal is not entered on the roll.
- Late appeal. It is inadmissible unless force majeure is shown.
What the tool does not do
- It does not check the notification; the addressee can rebut the deemed date.
- It flags the 5-day deadline after a removal decision but does not compute it.
- For a transfer decision taken from 12 to 18 June 2026, the deadline is still disputed; the tool applies the old art. 39/57.
- It does not assess the exemption from the court fee.
Verification
The rules and amounts were checked on 4 October 2026. The tool assists the lawyer, who remains responsible for the calculation and for checking the applicable rule.
Updated on 5 October 2026
Frequently asked questions
What is the deadline to appeal to the CCE since 19 June 2026?
For a decision taken from 19 June 2026, art. 2.15 of the law of 17 June 2026 sets 30 days as the general rule. The deadline is 10 days, among other cases, for a transfer decision (Dublin), a return decision with a removal decision, a person detained when notified of an Immigration Office decision, and CGRS decisions of inadmissibility, implicit withdrawal or rejection in the accelerated procedure. It is 5 days, among other cases, for repeat decisions of the Immigration Office and for rejections in the asylum border procedure. A CGRS decision in the normal procedure keeps 30 days, even if the applicant is detained.
When does the deadline start if the decision is sent by registered letter?
The decision is deemed notified on the second working day after it was handed to the post (art. 2.5). Day 1 is the next day, even a Saturday. Example: letter handed to the post on Wednesday 2 September 2026, deemed notified on Friday 4 September, day 1 on Saturday 5 September. Day 30 falls on Sunday 4 October 2026, so the deadline ends on Monday 5 October 2026 at midnight. For a registered letter with acknowledgment of receipt, day 1 is the day after the letter was presented.
Which rules apply to a decision taken before 19 June 2026?
The old art. 39/57 of the law of 15 December 1980 still governs the deadline (art. 5.12 § 1 of the law of 17 June 2026). It sets 30 days as the general rule, 10 days among other cases for a person detained when notified, and 5 days in some cases. For a letter, day 1 is the third working day after it was handed to the post: in the example above, day 1 would be Monday 7 September 2026 and the deadline would end on Tuesday 6 October 2026. For a decision taken between 12 and 18 June 2026, check the regime: art. 5.13 refers to 12 June, while the CCE applies the law from 19 June.
Can the CCE appeal deadline start on a Saturday?
Yes, for a decision taken from 19 June 2026. A letter deemed notified on a Friday, or a decision sent through J-Box on a Friday, starts the deadline on the Saturday. Saturdays, Sundays and public holidays count within the deadline. Only a last day that falls on a Saturday, a Sunday or a legal public holiday moves to the next working day.
What deadline applies to the urgent procedure before the CCE?
The urgent procedure has no deadline of its own. The appeal is filed within the 10-day or 5-day deadline that applies to the decision. It is lodged only through J-Box or by hand at the registry, with the heading "PROCÉDURE URGENTE" or "URGENTE PROCEDURE". For new appeals, it replaces the request for suspension in extreme urgency.
How much does a CCE appeal cost in 2026?
The court fee is €251 per applicant (art. 2.22 § 2), plus a €26 contribution to the second-line legal aid fund. Both are paid within 8 days of the CCE's order setting the amount; otherwise the appeal is not entered on the roll. The exemption is requested in the application, with proof: CPAS assistance, detention, minors, second-line legal aid, or insufficient means proven by documents. The amount is indexed every 1 January.
What happens if the appeal deadline is missed?
An appeal filed after the last day is inadmissible unless force majeure is shown. The tool's result is an aid to the calculation: the lawyer checks the date of the decision, the way it was notified and the category selected.