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.
When a Palestinian refugee has left the territory covered by UNRWA’s mandate, she or he does no longer benefit from that protection. Thus, she or he cannot be legitimately excluded from the Statelessness Convention.
The absence of any legislative provision granting persons recognised as stateless in Belgium a residence right, comparable to that enjoyed by recognised refugees, is discriminatory.