Statelessness Working Paper Series 2017/04
from the exception under Article 10(2) BNC. They will therefore need to prove they initiated steps to
see their child acquire the nationality of either of their countries of origin and that the granting was
refused by the representative authorities in order for the child to be granted Belgian nationality.
5. Acquisition of a Nationality in Practice: Administrative Procedures and Obstacles
5.1. Acquisition of Syrian Nationality
In order for a child entitled to Syrian nationality to be registered as a Syrian national, certain conditions
apply. According to the Syrian Personal Status Law, the registration of the birth occurring abroad must
be conducted under the jurisdiction of the foreign country, in this case Belgium. 62 Therefore, a
precondition for obtaining Syrian nationality is the registration of the birth according to Belgian
legislation. The birth registration procedure in Belgium is explained below in the section on acquisition
of Belgian nationality. Following the registration of the birth at the municipality, the birth must be
registered at the Syrian embassy or consulate. Due to their status, asylum seekers and recognized
refugees are already prevented from doing so. No information is available from the Syrian Embassy in
Belgium on birth registration. Information was retrieved from the website of the Syrian Embassy in
Australia. However, it can be assumed that similar conditions apply regardless of which embassy the
child is declared at abroad. Some of the information found is also corroborated by a document from
the Immigration and Refugee Board of Canada.
To register the birth of the child, the following documents must be submitted:
A proof that the parents’ marriage has been registered in Syria (family record, marriage
statement, family document legalised by the Ministry of Foreign Affairs in Syria); A copy of the
original birth certificate translated to Arabic and legalised by the office of the Department of
Foreign Affairs and Trade in the state (AU$ 9.00); filling out the Arabic birth certificate exclusively
by the parents; the father’s passport; the child’s name in Arabic and the place and date of the
father's civil record written on a separate paper; [...] the consular application form for both
parents [completed] and [...] two personal photos (AU$ 9.00) [...].63
A fee (15$ in Australia) must also be paid for the registration of the birth.64 At least in Australia, fines
also apply if the birth is not registered within a certain time limit. If the birth is registered later than 2
months and before the end of the first year. Between 1 year and 14 years following the birth, a higher
fine must be paid (242$ in Australia) while after this period, the birth will only be registered by decision
of a committee “in the concerned Syrian Governate”.65
The information provided by an official at the Syrian Embassy in Washington, DC to the Immigration
and Refugee Board of Canada corroborates certain requirements, as it cites the following documents:
the marriage certificate or a copy proving the marriage is officially registered in Syria, proof of Syrian
citizenship of the father (such as passport or ID), the birth certificate, and the birth registration form
(only available in Arabic). However, there were no time limit nor costs associated with birth
registration at the time the information was collected by Canadian authorities.66
62
Z. Albarazi and L. van Waas,Statelessness and displacement, 2016, p. 23.
The Syrian Honorary Consulate in Australia, birth registration, (2015),
http://www.syrianembassy.org.au/en/services/consulate-services/115-birth-registration.
64 ibid.
65 ibid.
66 Immigration and Refugee Board of Canada, Current information on the procedures for registering babies of nationals
living abroad and on whether the passports of both parents are required, [SYR23213.E], 28 February 1996,
http://www.ecoi.net/local_link/196153/300116_en.html.
63
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