Belgian court overturns withdrawal of nationality from children of Palestinian parents

BRUSSELS

A family court in the Belgian city of Antwerp has annulled decisions by local civil registry officials to withdraw Belgian nationality from five children born in the country to Palestinian parents, ruling that the measures violate the “best interests” of the children, daily De Standaard reported.

In five separate judgments issued Monday, the Antwerp Family Court said any alleged "abuse" by parents cannot be attributed to their children, adding that stripping the children of nationality would place them in a precarious legal situation.

"The consequences of denying nationality run counter to the best interests of the child and are disproportionate, as they place the child in a precarious situation," the court ruled.

Following Israeli attacks on Gaza that began on Oct. 7, 2023, thousands of Palestinian refugees arrived in Belgium.

As Palestinians are generally considered stateless, the daily said, children born to them in Belgium automatically acquire Belgian nationality under national law, a provision intended to prevent statelessness and one that is relatively unique in Europe.

However, the country's Immigration Office argued that some families misused the rule, as having a Belgian child can facilitate applications for family reunification.

In 2023, the Immigration Office asked local authorities to re-examine such cases.

As a result, civil registry officials across Belgium withdrew Belgian nationality from at least 44 children, arguing that the children either held, or could obtain, Palestinian nationality through their parents.

Several families challenged those decisions in court, warning that the measures would leave their children in legal limbo.

The Antwerp court found there was "no certainty whatsoever" that the children possessed Palestinian nationality or could realistically obtain it, citing rules stating that the children could only acquire Palestinian identity by traveling to the Palestinian territories to register there.

The court described such a requirement as "inhumane" for parents with young children and "impossible" given their refugee status.

To prevent the children from falling into statelessness, the court ruled that Belgian nationality must be maintained.