Court name: Gent Court of Appeal
Date of decision:
Key aspects: Burden of proof, Deportation and removal, Detention, Discrimination, Protection, Residence permit, Stateless status and documentation, Statelessness and asylum, Statelessness determination
The applicant was born in China and is of Tibetan origin. He fled China to Nepal, and then made his way to Belgium through India on a fake passport. His asylum applications failed, he has been detained with a view to deportation to China, but had been released due to the Chinese authorities not issuing the necessary documents. The applicant also unsuccessfully attempted to organise voluntary return through IOM, contacting authorities of China, India, and Nepal. These facts convinced the Court to recognise the applicant as stateless.