Administration of justice / Access to procedures

The Court reiterated that Article 1 (obligation to respect human rights) of the European Convention limited its scope to persons within the jurisdiction of the States Parties to the Convention. In the present case, it noted that the applicants were not within Belgium’s jurisdiction in respect of the circumstances complained of under Articles 3 and 13 of the Convention. The Court also considered that Article 6 § 1 of the Convention was inapplicable in the present case. The entry to Belgian territory which would have resulted from the visas being issued did not engage a “civil” right within the meaning of Article 6 § 1. Lastly, the Court noted that this conclusion did not prejudice the endeavours being made by the States Parties to facilitate access to asylum procedures through their embassies and/or consular representations.

5 May 2020 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Access to procedures - Decision on admissibility - Effective remedy - Jurisdiction - Visas | Countries: Belgium - Lebanon - Syrian Arab Republic

The court annulled article 1 of the Law of 15 december 1980 on aliens on the grounds that, the absence of an derogatory regime to the benefit of stateless persons for the fee due in the residence regularisation procedure, constitutes an unjustified difference of treatment between refugees and stateless persons. The absence of an automatic right of residence implies that, de facto, stateless persons have to pay this fee whilst refugees do not.

22 February 2018 | Judicial Body: Belgium: Cour constitutionnelle | Topic(s): Access to procedures - Equality before the law - Residence permits / Residency - Statelessness | Countries: Belgium

4 August 2015 | Judicial Body: Belgium: Conseil du Contentieux des Etrangers | Topic(s): Access to procedures - Burden-sharing and international co-operation - Regional instruments | Countries: Belgium - Germany - Romania - Syrian Arab Republic

27 April 2015 | Judicial Body: Belgium: Conseil du Contentieux des Etrangers | Topic(s): Access to procedures - Freedom from torture, inhuman and degrading treatment - Refugee status determination (RSD) / Asylum procedures - Regional instruments | Countries: Belgium - Iraq - Italy

28 November 2014 | Judicial Body: Belgium: Conseil du Contentieux des Etrangers | Topic(s): Access to procedures - Habitual residence - Illegal entry - Statelessness - Statelessness Determination Procedures | Countries: Belgium

The Court of Cassation, echoing the jurisprudence of the Constitutional Court, confirmed the discriminatory nature of the legislation due to the absence of an automatic right of residence for stateless persons, as soon as the applicant has involuntarily lost his nationality and demonstrated that he/she cannot obtain a legal and permanent residence permit in another State with which he/she would have links.

5 November 2012 | Judicial Body: Belgium: Cour de cassation | Topic(s): Access to procedures - Discrimination based on race, nationality, ethnicity - Economic, social and cultural rights - Equality before the law - Residence permits / Residency - Statelessness | Countries: Belgium - Kazakhstan

5 November 2012 | Judicial Body: Belgium: Cour de cassation | Topic(s): Access to procedures - Economic, social and cultural rights - Equality before the law - Residence permits / Residency - Statelessness | Countries: Belgium - Kazakhstan

23 October 2012 | Judicial Body: Council of Europe: European Committee of Social Rights | Countries: Belgium

6 January 2012 | Judicial Body: Belgium: Conseil du Contentieux des Etrangers | Topic(s): Access to procedures - Expulsion - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Legal representation / Legal aid - Reception - Refugee / Asylum law - Treaties / Agreements / Charters / Protocols / Conventions / Declarations | Countries: Somalia

7 December 2011 | Judicial Body: Council of Europe: European Committee of Social Rights | Topic(s): Access to procedures - Asylum-seekers - Children's rights - Economic, social and cultural rights - Reception | Countries: Belgium