Belgium

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

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

19 March 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Expulsion - HIV and AIDS - Residence permits / Residency - Right to health | Countries: Belgium - Nigeria

4 September 2014 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Complementary forms of protection - Freedom from torture, inhuman and degrading treatment - Reception - Regional instruments - Residence permits / Residency | Countries: Belgium

17 July 2014 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Complementary forms of protection - Persons with disabilities - Regional instruments - Residence permits / Residency | Countries: Belgium - Mauritania

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

8 March 2011 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Children's rights - Residence permits / Residency - Rights of non-citizens | Countries: Belgium - Colombia

19 May 2008 | Judicial Body: Belgium: Cour de cassation | Topic(s): Expulsion - Refugees - Rejected asylum-seekers - Residence permits / Residency - Statelessness | Countries: Belgium - Bhutan