Belgium

September 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Country Reports

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 | Document type: Case Law | 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 | Document type: Case Law | Topic(s): Access to procedures - Equality before the law - Residence permits / Residency - Statelessness | Countries: Belgium

4 October 2017 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

May 2017 | Publisher: European Council on Refugees and Exiles | Document type: Regional Reports

October 2016 | Publisher: European Council on Refugees and Exiles | Document type: Thematic Reports

4 August 2015 | Judicial Body: Belgium: Conseil du Contentieux des Etrangers | Document type: Case Law | 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 | Document type: Case Law | 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 | Document type: Case Law | Topic(s): Access to procedures - Habitual residence - Illegal entry - Statelessness - Statelessness Determination Procedures | Countries: Belgium