Belgian authorities have revoked the nationality of dozens of children born to stateless Palestinian parents, leaving at least 44 families in legal uncertainty and triggering court cases.
When registering a newborn in the national registry, local officials decide whether the child receives Belgian nationality if the parents are stateless, according to a new report in De Standaard.
The decision varies between municipalities, although until 2023, most of these children were granted Belgian nationality, explained Jana Schellemans from the federal centre Myria, to the Flemish media outlet.
However, concerns over alleged misuse of this system have been raised by the Immigration Office, according to its spokesperson, Paulien Blondeel.
She claimed some Palestinian women were coming to Belgium specifically to give birth, as Belgian nationality grants rights like family reunification, while refugees have access to such rights only if their asylum request is approved.
To address these concerns, the Immigration Office began contacting local officials in 2023 upon receiving family reunification requests.
However, the Federal Ombudsman warned the office that it does not have the authority to intervene in decisions regarding nationality.
Blondeel stated the communications primarily aim to standardise practices across municipalities.
Meanwhile, the Minister of Asylum and Migration, Anneleen Van Bossuyt (N-VA), told De Standaard that the Immigration Office was justified in raising awareness among local officials.
However, according to Kati Verstrepen, chair of the League for Human Rights and a solicitor specialising in migration law, "the immigration office should not influence that decision on nationality".
She too has clients whose children have had their nationality revoked. In addition, since mid-2023, the Federal Ombudsman's Office has repeatedly warned that the Immigration Office is not allowed to influence the decision – it does not have the authority to do so.
Uncertainty about nationality has major consequences for children – but not only. In many cases, the parents' residence permit also depends on their child's nationality.
The same applies to the demand to get family from Gaza to Belgium through family reunification. Myria and co.'s most important recommendation is therefore a clear legal framework in which the rights of the child come first.
