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On 25 June 2026, the Constitutional Court of Belgium (Grondwettelijk Hof) delivered its judgment no. 78/2026, concerning the procedure introduced by the Act of 10 March 2024 for granting a residence permit to stateless persons. The applicants challenged several provisions, arguing that the procedure applicable to stateless persons provided less favourable guarantees than those available to beneficiaries of international protection and was therefore discriminatory.

The Court held that the legislature is not required to treat stateless persons in the same way as refugees or beneficiaries of subsidiary protection, as stateless persons are not subject to European legislation. However, it found that several conditions and procedural rules imposed disproportionate limitations on applicants for residence on grounds of statelessness.

It considered that the requirement that applicants must be unable to acquire or regain the nationality of another State was incompatible with the concept of statelessness under the 1954 New York Convention, as a person is stateless when they do not possess any nationality, regardless of whether they may subsequently obtain or recover one. It therefore annulled this condition. The Court also annulled the exclusion of applications where applicants had not previously held lawful residence for more than three months or had not previously applied for international protection, finding that this could disproportionately affect stateless persons who may never have held a residence permit.

The Court held that a personal hearing constitutes an essential procedural safeguard in statelessness proceedings and therefore annulled the provision making such a hearing optional. It also ruled that the five-year residence period must begin once the judgment recognising statelessness becomes final. Finally, it required applicants to receive proof of submission of their application and to be protected, in principle, from enforcement of removal measures during the proceedings, except on grounds of national security or public order.

The Court rejected the remaining complaints, holding that statelessness applicants were not required to benefit from all procedural guarantees applicable to asylum applicants, including an appeal with full jurisdiction and suspensive effect.

Unofficial translation by the EWLU team

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