The recognition of stateless status cannot be denied on the basis that the applicant has not undertaken the necessary steps in order to regain the lost nationality, even if it was voluntarily renounced.
Case name (in original language)
Arrêt no. C.07.0385
Case status
Decided
Case number
C.07.0385
Citation
Belgium, Court of Cassation, 6 June 2008, no. C.07.0385, http://jure.juridat.just.fgov.be/pdfapp/download_blob?idpdf=F-20080606-4
Date of decision
State
Court / UN Treaty Body
Court of Cassation
Language(s) the decision is available in
French
Applicant's country of birth
Romania
Applicant's country of residence
Romania
Legal instruments
Key aspects
Decision & Reasoning
The recognition of stateless status cannot be denied on the basis that the applicant has not undertaken the necessary steps in order to regain the lost nationality, even if it was voluntarily renounced.
Decision documents
Outcome
The judgment of the Court of Appeal refusing to recognise the applicant as stateless was annulled and the case was sent back to the court.