Nationality and statelessness / Statelessness
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2017/FA/707
The Court of Appeal of Brussels, seized by the Court of Cassation of the decision of the Court of Appeal of Gant of 16 June 2016, considered that, on the basis of the criteria of the Montevideo Convention, Palestine must be considered as a sovereign State under international law. Therefore, considering that the applicant has sufficient connection with the State of Palestine, the Brussels Court of Appeal concluded that the claimant is not a stateless person. 5 June 2018 | Judicial Body: Belgium: Cour d'Appel de Bruxelles | Topic(s): Palestinian - Statelessness | Countries: Belgium - Palestine, State of |
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Arrêt n°18/2018
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 |
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Judgement of the 29 September 2016
29 September 2016 | Judicial Body: Belgium: Conseil du Contentieux des Etrangers | Topic(s): Entry / Exit - Illegal entry - Statelessness | Countries: Belgium |
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Judgement of the 27 June 2016
27 June 2016 | Judicial Body: Belgium: Cour de cassation | Topic(s): Equality before the law - Illegal entry - Residence permits / Residency - Statelessness - Statelessness Determination Procedures | Countries: Belgium |
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Judgment of the 8 February 2016
8 February 2016 | Judicial Body: Belgium: Conseil du Contentieux des Etrangers | Topic(s): Entry / Exit - Expulsion - Non-refoulement - Statelessness | Countries: Belgium |
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Judgment of the 27 March 2015
27 March 2015 | Judicial Body: Belgium: Conseil du Contentieux des Etrangers | Topic(s): Expulsion - Non-refoulement - Statelessness - Torture | Countries: Azerbaijan - Belgium |
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Judgment of the 28 Novembre 2014
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 |
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X. v. Belgian State, represented by the State Secretary for Asylum and Migration, Social Inclusion and Poverty Reduction, Aliens Office
29 October 2014 | Judicial Body: Belgium: Cour d'Appel de Bruxelles | Topic(s): Habitual residence - Statelessness - Statelessness Determination Procedures | Countries: Azerbaijan - Belgium - Ukraine |
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X. v. Belgian State, represented by the State Secretary for Asylum and Migration, Social Inclusion and Poverty Reduction, Aliens Office
17 September 2014 | Judicial Body: Belgium: Cour d'Appel de Bruxelles | Topic(s): Habitual residence - Statelessness - Statelessness Determination Procedures | Countries: Armenia - Azerbaijan - Belgium - Ukraine |
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S.12.0020.F
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 |
