The Federal Ombudsman has asked Belgium's Immigration Office to immediately stop instructing municipalities to remove the nationality of children born in Belgium from Palestinian parents.
There is no reason why the Immigration Office should send these instructions as it is not authorised to do so, Federal Ombudsman Jérôme Aass stressed in a statement on Wednesday.
Last December, it emerged that the Immigration Office had sent letters to local authorities regarding the status of children born in Belgium to Palestinian parents.
Without reservation, the letters stated that these children have Palestinian nationality, and the Office therefore instructed them to revoke the Belgian nationality of these children. A ministerial spokesperson had previously confirmed the situation was not related to the Israel-Hamas conflict.
Following many complaints, the Federal Ombudsman investigated the issue and consulted several letters sent by the Immigration Office. It found that it was "exceeding its powers."
"The Immigration Office is not authorised to instruct municipalities to revoke the Belgian nationality of children born to parents of Palestinian origin," Federal Ombudsman Aass said on Wednesday. "We call on it to cease this illegal practice immediately."
Importantly, Aass stated that the immigration entity cannot legally give instructions (or advice) to municipalities on matters relating to Belgian nationality, which only the Civil Registry Officer has the exclusive power of granting.
If, in a specific case, the Registrar is in doubt as to whether they can grant Belgian nationality, only the competent Public Prosecutor can then give an opinion.
Uncertainty and confusion
Through its actions in recent months, the Immigration Office has created legal "uncertainty and confusion" for people and a chaotic situation in Belgian local authorities.
Some municipalities decided to follow the instructions, while others did not or went for a case-by-case approach.
The Ombudsman underlined that nationality is an essential element of a person's identity, providing fundamental rights and, in this case, legal certainty for children.
To put an end to this illegal practice as well as the confusion and legal uncertainty it creates, Aass has ordered the Immigration Office to withdraw the instructions it has sent to the local authorities.
Finally, should the matter come up again, he also told the Immigration Office to show "reserve and caution" while always taking into account the best interests of the child and to refer the case to the competent authorities.
