From 1 September 2024, the law providing for a specific procedure for permission to stay on the grounds of statelessness came into force.
According to the New York Convention of 28 September 1954, a stateless person is a person who is not considered as a national by any State under the operation of its law. A stateless person wishing to be granted permission to stay in Belgium must submit an application for permission to stay on grounds of statelessness.
Legal stay in Belgium of stateless persons - procedure for permission to stay on the grounds of statelessness
Both the Immigration Office (IO), the Commissioner General for Refugees and Stateless Persons (CGRS) and the Council for Alien Law Litigation (CCE/RvV) are competent under the new procedure.
Stages of the procedure for permission to stay on the grounds of statelessness
1/ IO: Introduction of application for permission to stay on grounds of statelessness.
2/ IO: Application is taken into consideration or not.
3/ CGRS: If application is taken into consideration, it is sent to the CGRS for an opinion.
4/ IO: Immigration Office grants or refuses permission to stay, taking into account the opinion of the CGRS.
Introduction of the application
The person concerned submits by registered post to the Immigration Office (IO) his or her application for permission to stay on the grounds of statelessness. The IO checks whether the application has to be taken into consideration (= condition of admissibility) as defined in the Law of 15 December 1980. If the IO decides to take the application into consideration, it is sent to the CGRS for an opinion on the substantial requirements of the case. Taking into account the opinion of the CGRS, the IO takes a decision on the right to stay:
- if the decision is positive, stay is at first granted for a limited period. After a period of 5 years, the stateless person is in principle permitted to stay for an indefinite period of time.
- if the decision is negative, an appeal can be lodged with the Council for Alien Law Litigation (CCE/RvV).
Application sent to the CGRS for an opinion
If the IO decides to take the application into consideration, it is sent to the CGRS for an opinion on the substantial requirements of the case:
- Does the applicant meet the definition of a stateless person as defined by article 1 of the Convention relating to the Status of Stateless Persons?
- Does the applicant establish his/her identity and his origin?
- Does the applicant prove he/she has lost his/her nationality involuntarily?
- Does the applicant prove he/she cannot acquire a new nationality or recover his/her former nationality through an administrative procedure?
- Does the applicant prove he/she does not have or cannot obtain a legal and permanent residence permit in another country with which he/she has links?
This procedure is in principle a written one but the CGRS can decide to hear the applicant or to send him/her a request for information.
The CGRS forwards its opinion to the IO.
Effect of the procedure for recognition as a stateless person on the procedure for permission to stay on grounds of statelessness
The procedure statelessness does not impinge on the jurisdiction of the family courts over applications for statelessness status. The two procedures exist side by side.
If the applicant has received a decision of the family court with regard to statelessness status the IO and the CGRS have to abide by the family court’s decision.
Effect of the application for international protection on the procedure for permission to stay on grounds of statelessness
The statelessness procedure is subsidiary to the procedure for international protection insofar as a stateless person with a well-founded fear of persecution should preferably apply for international protection rather than permission to stay on the grounds of statelessness.
When an application for international protection is submitted, the procedure for permission to stay on the grounds of statelessness is in principle suspended. This includes the situation where an application for international protection has already been submitted and the situation where an application for international protection is submitted after the submission of an application for statelessness.
This suspension will last until a final decision is taken with regard to the application for international protection, i.e. a final decision of the CGRS or a ruling by the CCE/RvV.
When refugee status or subsidiary protection status is granted, the application for permission to stay on grounds of statelessness becomes without purpose.
More information on this procedure can be found on the website of the Immigration Office. Questions can be addressed to the International Protection Monitoring Unit of the Immigration Office at the following e-mail address: stateless@ibz.be.