If your application for asylum (international protection) is examined as part of a normal procedure, a decision is generally taken within six months of the introduction of your application.
If your application is processed as part of an accelerated procedure, the Minister is obliged to take a decision no later than two months from the day it appears that you fall under one of the scenarios justifying an accelerated procedure (if you are in Luxembourg, see here).
There are four possible decisions the Ministry of Home Affairs (Direction générale de l’Immigration, Service des réfugiés) can make on your asylum (international protection) application:
- granting refugee status (if you are in Luxembourg see this website): you will obtain a residence permit valid for 5 years. With that and, where necessary, a visa, you are also entitled to a travel document for refugees which allows you to travel outside Luxembourg. However, you are not allowed to return to your country of origin, otherwise, you will lose your refugee status.
- granting subsidiary protection status (if you are in Luxembourg, see here): you will obtain a residence permit valid for 5 years. As a beneficiary of subsidiary protection status, you must in principle have a valid national passport to travel outside Luxembourg as well as your residence permit and, where necessary, a visa.
- refusing both refugee status and subsidiary protection status: the Ministry of Home Affairs considers that you do not meet the criteria to be granted asylum (international protection). A decision to deny asylum (international protection) is equivalent to an order to leave Luxembourg. If you lodge an appeal against the decision of the Minister, you have the right to remain in Luxembourg until the final ruling of the administrative courts.
- declaring your application inadmissible (see “Step 2 – Admissibility of your application”)
How can I appeal a negative decision?
If you do not agree with the decision rejecting your asylum (international protection) application and the notice to leave the country, you can appeal it before the administrative tribunal within one month of the notification of the decision.
An appeal against a decision issued by the administrative tribunal may be made to the administrative court within one month of notification of the decision via a lawyer.
As mentioned above, you will be allowed to remain in Luxembourg while the administrative tribunal or court is examining your appeal.
Once no possibilities of appeal are left, your procedure has ended. Identity documents submitted at the introduction of the application for asylum (international protection) will be returned to you when you leave Luxembourg.
➡️ Find here how to file an appeal against a negative decision.
What is the procedure for unaccompanied or separated children?
If you are under 17 years and a half and are not accompanied by your parents or another responsible adult, you are considered an unaccompanied minor in Luxembourg.
In this case, your situation is reported to the Family court and a lawyer (ad hoc administrator) will be appointed to you as soon as possible. The ad hoc administrator’s duties are to assist and represent you throughout the procedure of your application for asylum (international protection) and, if circumstances demand it, to act legally on your behalf. He/She will be invited to assist with your interview with the Ministry of Home Affairs. That interview will be conducted by a qualified agent who is aware of the specific needs of minors.
You may be required to take a medical test to determine your age if the Ministry of Home Affairs has doubts about your age after the interview. You can refuse to take this test, and the Ministry of Home Affairs can still decide on your application. This refusal cannot be used as the only reason to reject your application.
For further information on the asylum procedure for unaccompanied or separated children in Luxembourg, you can watch this video (in French).
Can UNHCR help me with my application?
UNHCR is not part of the asylum (international protection) procedure in Luxembourg and, therefore cannot overturn negative decisions.
However, the expulsion or return (“refoulement”) of a refugee in any manner whatsoever to the frontiers of territories where his or her life or freedom would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion is prohibited under international law.
Should you believe that your case corresponds to this situation, please reach out to us at our contacts below.
Something new has happened after I received a negative decision. Can I apply for asylum (international protection) again?
Should you have further information and/or documents that can support your request for asylum (international protection) in Luxembourg after you have received a negative decision, you can submit a new request for asylum (international protection) based on these new elements. This is called a “subsequent application” which will also be assessed by the Ministry of Home Affairs.
➡️ For more information on these elements and the procedure for asylum (international protection), you can visit this page set up by the Luxembourg authorities.
Where can I find assistance if I decide to return to my country of origin or in a country where I have the right to reside?
If you are an asylum-seeker (international protection applicant) whose application has been definitively rejected, an asylum-seeker (international protection applicant) whose procedure is ongoing or a third-country national residing illegally in Luxembourg and you decide to return to your country of origin or in a country where you have the right to reside, this is called a voluntary return.
In collaboration with the International Organization for Migration (IOM), the Luxembourg government can support your voluntary return and reintegration.
➡️ For more information on voluntary returns and contacts for assistance, you can visit the dedicated websites of the Luxembourg authorities (if you are in Luxembourg, see here) and of IOM.
What are your rights and responsibilities as refugees in Luxembourg?
Read more about social and economic rights granted to holders of refugee and subsidiary protection status in Luxembourg, such as the right to work, education, health care, and others, on the page set up by the Luxembourg authorities (if you are in Luxembourg, see here)
⬅️ Back to Step 3. Assessment of your application
