the Council of State is possible in a “cassation procedure.”490 Important changes to
the appeals system were implemented in 2014 after cases before the Constitutional
Court and European Court of Human Rights found certain aspects of the appeals
procedures to be deficient.491
In the case of a final negative decision, an order to leave the territory is issued.
If the decision is confirmed by the Council for Alien Disputes, prior to issuance of
an order to leave, the person is invited to a return center and encouraged to leave
voluntarily. These centers are open (residents are free to come and go), and no
residents should be removed prior to the issuance of an order to leave.492
If an order to leave has been issued and the person does not leave within the set
time period, he or she “may be forcibly deported.”493
6. Protection under the Statelessness Conventions
Belgium is a party to the 1954 Stateless Persons Convention494 and acceded to the
1961 Statelessness Convention on 1 July 2014.495 There is no specific procedure in
Belgian law to apply for recognition as a stateless person. However, stateless persons
seeking recognition of their status can file “a unilateral petition with the Court of
First Instance” for their place of residence. The applicant bears the burden of proving
that he or she is stateless. Stateless persons have no right of temporary residence
while an application with the Court of First Instance is pending. If recognized
as a stateless person, the person must seek to regularize their immigration status
through a further application to the relevant government ministry. The Office of the
Commissioner General for Refugees and Stateless Persons can issue a certificate
acknowledging statelessness, and may be able to issue other documents such as
birth, marriage, or death certificates that would normally be issued by the country
of nationality.496 Once recognized as such, stateless persons enjoy the same benefits
as third-country nationals in Belgium, which includes permanent residence, social
support, work authorization and entitlement to family reunification. Increasing
numbers of Palestinians have been granted protection under the 1954 Stateless
Persons Convention in recent years. 497
490
Foreign Affairs, Foreign Trade and Development Cooperation, “Asylum.”
Ruben Wissing, National Country Report: Belgium, 10.
492
Fedasil, “Reception of Asylum Seekers.”
493
Office of the Commissioner General for Refugees and Stateless Persons, “After the Procedure Stay or Departure,” accessed November 18, 2014, http://www.cgra.be/en/Apres_la_procedure/
Sejour_ou_depart/.
494
UNTC, “Status of Treaties: Convention Relating to the Status of Stateless Persons.”
495
UNTC, “Status of Treaties: Convention on the Reduction of Statelessness.”
496
Office of the Commissioner General for Refugees and Stateless Persons, “Vulnerable Groups Stateless Persons,” accessed November 18, 2014, http://www.cgra.be/en/Groupes_vulnerables/
Apatrides/.
497
BADIL, Closing Protection Gaps: A Handbook on Protection of Palestinian Refugees in States
Signatories to the 1951 Refugee Convention, 347.
491
Survey of Protection at the National Level
101
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