Human rights / Equality before the law

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

27 June 2016 | Judicial Body: Belgium: Cour de cassation | Document type: Case Law | Topic(s): Equality before the law - Illegal entry - Residence permits / Residency - 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 | Document type: Case Law | 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 | Document type: Case Law | Topic(s): Access to procedures - Economic, social and cultural rights - Equality before the law - Residence permits / Residency - Statelessness | Countries: Belgium - Kazakhstan