Case Law

paragraph 112(2) (b.1) of the Immigration and Refugee Protection Act, SC 2001, c 27, is declared to be inconsistent with subsection 15(1) of the Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11, insofar as it concerns nationals of countries designated pursuant to section 109.1(1) of the Immigration and Refugee Protection Act; and the following words - “or, in the case of a person who is a national of a country that is designated under subsection 109.1(1), less than 36 months,” - in paragraph 112(2) (b.1) shall have no force or effect with respect to such nationals;

20 March 2019 | Judicial Body: Canada: Federal Court | Topic(s): Constitutional law - Equality before the law - Safe country of origin | Countries: Canada - Hungary

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

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

15 July 2014 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Access to procedures - Equality before the law - Legal representation / Legal aid - Rule of law / Due process / Procedural fairness | Countries: United Kingdom of Great Britain and Northern Ireland

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 February 2012 | Judicial Body: Colombia: Corte Constitucional | Topic(s): Demobilization / Disarmament - Equality before the law - Property restitution | Countries: Colombia

8 February 2012 | Judicial Body: Colombia: Corte Constitucional | Topic(s): Demobilization / Disarmament - Equality before the law - Property restitution | Countries: Colombia