ISSUE 1 – Statelessness Determination and Status 14. Identifying stateless people in the country is the first step to providing adequate protection and enjoyment of the rights enshrined in the 1954 Convention. The cosubmitting organisations recommend that this is best fulfilled through a dedicated statelessness determination procedure, in line with UNHCR’s guidelines.21 15. In Belgium, the judiciary is competent to determine statelessness. Since 2017, a person can be recognised as stateless by one of the family courts established at the six seats of the courts of appeal. However, because this procedure falls short of standards set out in the UNHCR Handbook on Protection of Stateless Persons in a number of areas, it cannot be considered a formal statelessness determination procedure. During the procedure, applicants are not protected against removal, and detention cannot be excluded. As applicants are considered undocumented migrants, they have only limited rights. In the judicial procedure, the burden of proof lies almost entirely with the applicant, and the standard of proof and documents required from the applicant are unclear. Delays in decision-making vary between courts but can be up to 12 to 18 months. If the application is rejected, an appeal can be filed. Legal aid is available both in first instance and in appeal, under the same conditions. 16. Recognition as stateless does not result in an automatic residence permit and the law does not provide for a procedure nor any procedural safeguards for a stateless person to acquire a residence permit. An application must be made to the Immigration Office for regularisation on humanitarian grounds. There is no right to temporary residence while the application is pending, and the applicant may only access urgent healthcare and is not permitted to work, access housing or social security. Regularisation for recognised stateless persons is generally difficult. An appeal against refusal of a residence permit can be filed before the ‘Council for Immigration Law Litigation (CILL)’, but this is not an effective remedy as CILL may only examine the lawfulness of the decision. Although a legislative proposal was introduced in the Belgian Parliament to establish criteria and a procedure for granting residence to recognised stateless persons, which was briefly discussed in May 2019, it is unclear whether or when discussions will resume. 17. Stateless asylum seekers are – until determination of their claims – entitled to remain in Belgium, benefit from basic social assistance and have access to a range of other rights. If their asylum claim is refused, they lose the right to reside in Belgium as well as access to most other rights, with the exception of urgent medical care. 18. The Belgian Government should introduce a dedicated statelessness determination procedure and protection status in law and in line with UNHCR guidance and good practice. In the meantime, applicants in the existing judicial procedure and recognised stateless persons should be granted a residence permit, effective remedies, and all rights protected under the 1954 Convention. 21 UNHCR, Handbook on Protection of Stateless Persons, 2014, http://www.unhcr.org/uk/protection/statelessness/53b698ab9/handbook-protection-stateless-persons.html 5