for reasons beyond their control.46 In 2021, the State Secretary for Asylum and Migration
appointed a commission led by two academic experts, to consider the adoption of a new
migration code. Consultations with civil society are currently under way.47
Recommendations:
7)
Fully promote, respect, protect and fulfil its obligations towards stateless persons
and the right to a nationality under international human rights law.
8)
Establish a dedicated statelessness determination procedure and protection status
in law and in line with UNHCR guidance and good practice.
9)
Ensure that the procedure is fair, effective, and accessible to all persons in Belgium
regardless of their legal status. This includes funded access to interpreting services
and legal aid. The procedure should comply with international standards of due
process and follow procedural safeguards.
10) Amend the Belgian Immigration Act to allow for persons recognised as stateless by
the courts to be automatically granted a residence permit, effective remedies, and
all rights protected under the 1954 Convention relating to the Status of Stateless
Persons.
11) Amend the Belgian Immigration Act to allow for persons applying for stateless
status to be granted a temporary residence permit and rights according to the
1954 Convention during the procedure.
12) Provide specialised training on nationality law and international standards relating
to statelessness to the judiciary and government bodies responsible for
determining statelessness.
Chambre des Représentants, Exposé d’orientation politique. Asile, migration et loterie nationale:
https://www.dekamer.be/FLWB/PDF/55/1610/55K1610011.pdf.
47 NANSEN responded to the consultation with a submission calling for a specific residence status for persons
recognised as stateless, and the granting of a temporary residence permit while the application for recognition as
stateless and the application for a residence permit are pending.
46
10
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