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On 8 April 2026, the European Court of Human Rights (ECtHR) communicated the application of K.P. v. Cyprus (Application no. 30430/25). The case concerns the alleged unlawfulness of the applicant’s detention pending deportation and the risk of ill-treatment if returned to Iran.

The applicant, an Iranian national recognised as refugee in Cyprus, was arrested in November 2023 on suspicion of involvement in terrorist activities. He was subsequently classified as a ‘’prohibited migrant’’ and placed in detention pending his deportation to Iran. The applicant challenged the detention and deportation decisions before the Administrative Court, which held that it lacked jurisdiction to examine the deportation decision and dismissed the recourse, finding the detention lawful, necessary and proportionate. The applicant subsequently lodged three habeas corpus applications before the Supreme Court, all of which were unsuccessful. The applicant complains under Article 3 of the risk of ill-treatment upon return to Iran as well as the conditions of his detention, under Article 13 in conjunction with Article 3 of the lack of an effective remedy to challenge his expulsion, and under Articles 5 §§ 1 and 4 ECHR regarding the lawfulness of his detention and access to legal aid.

On 18 March 2026, the Migration Court of Appeal (Migrationsöverdomstolen) annulled the decisions of the Malmö Administrative Court and the Swedish Migration Agency which had rejected a refugee’s application for long-term resident status on the grounds that he had not proven his identity.

The applicant, already granted refugee status, a permanent residence permit, and a Swedish travel document, had applied for long-term resident status in June 2023. The Swedish Migration Agency and the Administrative Court in Malmö had both found that he had not submitted sufficient documentation to prove his identity. The applicant challenged this requirement, noting that, as a refugee, he could not return to his home country to obtain identity documents.

The Migration Court of Appeal held that Swedish law and the EU Long-Term Residents Directive 2003/109/EC do not impose a requirement of proven identity for refugees who already hold a permanent residence permit and a travel document. It clarified that Member States may grant long-term residence permits on more favourable terms than those provided for in the Directive. However, such permits do not confer a right of residence in other Member States. Therefore, the Court annulled the previous decisions and referred the case back to the Migration Agency for further consideration.

Unofficial translation by the EWLU team. We would like to thank Michael Williams for bringing this case to our attention.

On 27 February 2026, the Court of First Instance of Antwerp, Family Court Section (Rechtbank van eerste aanleg Antwerpen, familierechtbank) annulled a decision of the civil registrar of the City of Antwerp revoking the Belgian nationality of a child born in Belgium of Palestinian parents recognised as refugees.

The child had initially been granted Belgian nationality pursuant to Article 10§1 of the Belgian Nationality Code to prevent statelessness. On 5 March 2024, the registrar of Antwerp revoked the child’s nationality on the grounds that the child could acquire Palestinian nationality through the parents or via the Palestinian mission. As a result, the child’s Belgian passport and Kids-ID were annulled. The parents contested the revocation, maintaining that as recognised refugees it was not feasible for them to secure Palestinian nationality for their child. The City of Antwerp and the Public Prosecutor’s Office argued that the claim should be dismissed, citing a potential “pull effect” and alleged abuse of the nationality rules.

The Court of First Instance annulled the revocation holding that under Article 10§3 of the Belgian Nationality Code (WBN) nationality may only be withdrawn if it is established beyond doubt that the child possesses another nationality. Hence, given the absence of formal Palestinian nationality legislation and the impossibility for refugees to register remotely, the child could not realistically acquire another nationality. The court further held that any alleged abuse of Belgian nationality rules by the parents could not justify the deprivation of the child’s nationality, highlighting that the best interests of the child (Article 22bis of the Constitution) must prevail.

According to the Court’s press release, five similar decisions from the city register were annulled by the Court on the same grounds.

Unofficial translation by the EWLU team