Court name: Gent Court of Appeal
Date of decision:
Legal instruments: 1954 Statelessness Convention
Key aspects: Burden of proof, Deprivation of nationality, Determination/confirmation of nationality, Standard of proof, Statelessness determination
The applicant arrived in Belgium in 2000 from Kazakhstan. He claimed to have lost his Kazakh nationality on the basis of a Kazakh law providing for such loss in case of permanent residence abroad for over 3 years without registration at the consulate. The Court studied the relevant Kazakh legislation as well as the implementing Presidential Decree, and found that such loss is not automatic, but requires a decision of a competent authority instead, and therefore the applicant's statelessness was not sufficiently substantiated.