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CASE LAW FROM PRACTICE

Legal experience,
made concrete.

A selection of judgments from cases in which Liesbeth Monden provided legal assistance. The summaries are written in accessible language and all client information has been removed.

24 judgments
01
Residence law

Termination of residence rights after divorce annulled

After a marriage was dissolved, the Immigration Office terminated the residence rights of a third-country national family member and withdrew the F card. The person concerned relied on the exception for particularly difficult circumstances under Article 42quater, §4, 4° of the Belgian Immigration Act and submitted evidence of domestic violence. The Council found that the administration had misread an important item of evidence and had therefore failed to assess the documents carefully. This breached the duty to give adequate reasons and the principle of due care, so the decision terminating the residence rights was annulled.

Council for Alien Law Litigation · Brussels · Second Chamber
OUTCOMETermination of residence annulledView anonymised judgment (original language)
02
Residence law

Order to leave Belgian territory annulled

The case concerned an order to leave Belgian territory following earlier residence applications. The applicant argued that insufficient consideration had been given to his family life and to the best interests of the minor children involved. The Council found that these factors had not been assessed carefully and adequately. The order was therefore annulled.

Council for Alien Law Litigation · Brussels
OUTCOMEAnnulmentView anonymised judgment (original language)
03
Nationality

Belgian nationality declaration accepted

The declaration was based on Article 12bis, §1, 2° of the Belgian Nationality Code. The public prosecutor argued that the applicant’s identity and principal residence could not be verified because he had repeatedly not been found at home, and also referred to two settled traffic offences. The court found that his identity had been verified by telephone, that there was no longer any current doubt about his residence and that no further police investigation was considered necessary. In these circumstances, the amicable settlement of the traffic offences did not amount to a serious personal fact either. The negative opinion was declared unfounded and the nationality record could be drawn up.

Court of First Instance of East Flanders, Dendermonde division · Family and Juvenile Court
OUTCOMENegative opinion declared unfoundedView anonymised judgment (original language)
04
Nationality

Public prosecutor’s negative opinion declared unfounded

The application was based on Article 12bis, §1, 5° of the Belgian Nationality Code. The basic requirements of ten years’ lawful residence, language knowledge and participation in the life of the host community were not disputed. The public prosecutor referred to actual prison sentences for social-law offences committed during the former operation of a business and to the absence of rehabilitation. The court first corrected the sentences stated in the opinion and then examined whether those old facts still formed a current obstacle. It took account of the absence of any new offences, the sustained professional activity since 2018 and the additional explanations and evidence. In those specific circumstances, the negative opinion was declared unfounded and the nationality declaration could be accepted.

French-speaking Court of First Instance of Brussels · Family Court
OUTCOMEBelgian nationality declaration acceptedView anonymised judgment (original language)
05
Civil status

Birth certificate corrected after application of foreign law

The application concerned missing or incorrect information about parentage and the family name in a Belgian birth certificate. The court first determined which foreign law applied under the Belgian Code of Private International Law. It then added the paternal parentage and changed the minor child’s family name. The civil registrar was ordered to record the corrections in the certificate.

Dutch-speaking Court of First Instance of Brussels · Family Court
OUTCOMEApplication grantedView anonymised judgment (original language)
06
Civil status

Identity details in birth certificate corrected

The information in a birth certificate did not correspond to the correct identity details shown by the documents submitted. The court examined the evidence and the jurisdiction of the Belgian civil registry. It granted the application and specified which details had to be corrected. The court registry and the civil registrar were instructed to implement the judgment.

Court of First Instance of Limburg, Hasselt division · Family Court
OUTCOMEApplication grantedView anonymised judgment (original language)
07
Adoption

Simple adoption authorised on appeal

The court at first instance had refused the requested simple adoption. On appeal, the court re-examined the family context, the parties’ motives and the interests of the adoptee. It concluded that the adoption was based on lawful reasons and was legally appropriate. The contested judgment was amended and the simple adoption was granted.

Brussels Court of Appeal · Civil and Family Division
OUTCOMEAppeal upheldView anonymised judgment (original language)
08
Marriage & private international law

Foreign marriage certificate recognised in Belgium

The court held that a marriage celebrated abroad was legally valid and had to be recognised by the Belgian authorities. The elements relied upon did not prove that the marriage had been entered into solely to obtain an immigration advantage.

Dutch-speaking Court of First Instance of Brussels · Family Court
OUTCOMEClaim upheldView anonymised judgment (original language)
09
Marriage & private international law

Refusal to solemnise marriage annulled

The court found that there was insufficient evidence that the partners did not intend to create a lasting life together. The refusal was annulled and the civil registrar was authorised to solemnise the marriage.

Court of First Instance of Leuven · Family Court
OUTCOMERefusal annulledView anonymised judgment (original language)
10
Nationality

Appeal against negative nationality opinion upheld

The declaration was made under Article 12bis, §1, 2° of the Belgian Nationality Code. The original negative opinion relied on a pending investigation for driving without a valid licence and on a case in which praetorian probation had been imposed. By the hearing, the traffic case had ended with a fine and a driving ban, there were no outstanding criminal fines or new offences, and the applicant submitted further explanations and a statement from his psychologist. The public prosecutor therefore no longer maintained the opinion. The court likewise found that the facts, assessed in light of their current weight and the candidate’s attitude towards the legal order, were insufficient to prevent the acquisition of Belgian nationality.

Court of First Instance of Limburg, Hasselt division · Family Court
OUTCOMENegative opinion declared unfoundedView anonymised judgment (original language)
11
International protection

New examination ordered of Iraqi civil-status documents

Two Iraqi applicants lodged subsequent applications for international protection and submitted extracts from the Iraqi civil register to prove that they were unmarried. This was essential to their account of the risks they would face in Iraq as an unmarried couple. The Council held that the CGRS could not disregard this new evidence without a more thorough, individual and careful examination. As additional investigative measures were required, the decisions were annulled and the cases were referred back to the CGRS.

Council for Alien Law Litigation · Brussels · Second Chamber
OUTCOMECGRS decisions annulledView anonymised judgment (original language)
12
International protection

Refugee status granted on grounds of imputed political opinion

The case concerned an applicant who feared persecution by the authorities of her country of origin because of a political opinion attributed to her. The Council assessed her statements, the documents submitted and the available country information together. It found that her fear of persecution was well founded and that neither effective protection nor a reasonable internal protection alternative was available. The refusal decision was amended and refugee status was granted.

Council for Alien Law Litigation · Brussels
OUTCOMERefugee status recognisedView anonymised judgment (original language)
13
Nationality

Nationality declaration accepted after negative opinion

The declaration was based on Article 12bis, §1, 2° of the Belgian Nationality Code. The public prosecutor disputed only the proof of the required language knowledge, arguing that the file did not contain a legally recognised language certificate; lawful residence, economic participation and social integration were not in dispute. The court assessed the documents against the exhaustive forms of proof laid down in the implementing decree and considered the additional evidence filed during the judicial proceedings. It concluded that the basic requirement had been sufficiently demonstrated, upheld the claim and allowed the nationality declaration to take effect.

Dutch-speaking Court of First Instance of Brussels · Family Court
OUTCOMEClaim upheldView anonymised judgment (original language)
14
Nationality

Negative nationality opinion set aside

The applicant relied on Article 12bis, §1, 2° of the Belgian Nationality Code. According to the public prosecutor, social integration had not been proved because only a certificate of social orientation had initially been submitted, rather than the full civic-integration certificate. During the proceedings, the applicant submitted the civic-integration certificate dated 10 June 2020. The court accepted it as a legally recognised means of proving social integration and held that the disputed basic requirement was met. The negative opinion was declared unfounded.

Dutch-speaking Court of First Instance of Brussels · Family Court
OUTCOMEClaim upheldView anonymised judgment (original language)
15
Nationality

Serious personal facts did not prevent acquisition of nationality

The public prosecutor regarded several traffic convictions, including driving under the influence, failing to stop after an accident and driving without insurance or a valid inspection, as serious personal facts within the meaning of Article 15, §3 of the Belgian Nationality Code. The court clarified that the statutory and regulatory lists provide guidance, but that the candidate’s character, respect for the legal order and the concrete seriousness and current relevance of the facts must also be assessed. It examined the full traffic history, the sentences imposed and the applicant’s personal development together. In this case, it ultimately found the facts insufficient to permanently prevent the acquisition of Belgian nationality. The negative opinion was declared unfounded.

Court of First Instance of Antwerp, Mechelen division · Family and Juvenile Court
OUTCOMENegative opinion declared unfoundedView anonymised judgment (original language)
16
Nationality

Belgian nationality declaration accepted

The dispute concerned Article 12bis, §1, 5°, d) of the Belgian Nationality Code: participation in the economic and/or sociocultural life of the host community. The public prosecutor considered enrolment in tai chi and several statements from neighbours insufficient, while it was not disputed that the applicant knew the language and had never been economically active. Additional statements, an extensive photo file and evidence of social and cultural activities were submitted during the judicial proceedings. The court emphasised that economic participation is not required when sociocultural participation is convincingly demonstrated. The combination of lasting social contacts, activities and interest in Belgian society was sufficient; there were also no serious personal facts preventing acquisition.

Court of First Instance of Leuven · Family Court
OUTCOMEBelgian nationalityView anonymised judgment (original language)
17
Nationality

Appeal against negative opinion upheld

The applicant had made a declaration under Article 12bis, §1, 2° of the Belgian Nationality Code. After the file was transferred to the family court, the statutory requirements and the objections initially raised were reassessed on the basis of the current evidence. Before judgment, the public prosecutor announced that the negative opinion would no longer be maintained. The court therefore found that no relevant obstacle remained, upheld the appeal and enabled the further registration of the nationality declaration.

Court of First Instance of East Flanders, Oudenaarde division · Family and Juvenile Court
OUTCOMEBelgian nationality declaration acceptedView anonymised judgment (original language)
18
Marriage & private international law

Partners authorised to solemnise their marriage

After examining the relationship and the intention to marry, the court held that the refusal could not stand. The partners were authorised to have their marriage solemnised.

Court of First Instance of East Flanders, Dendermonde division · Family and Juvenile Court
OUTCOMERefusal overturnedView anonymised judgment (original language)
19
Nationality

Negative opinion based on criminal matters declared unfounded

The negative opinion was based on an ongoing criminal investigation and three traffic offences settled by immediate payment or amicable settlement. By the hearing, the investigation had been closed without prosecution and the public prosecutor no longer maintained the opinion. The court applied the presumption of innocence and refused to treat a matter that had not been prosecuted as a serious personal fact. It also stressed proportionality: three isolated traffic offences over six years, without criminal proceedings or convictions, did not demonstrate such serious disregard for the legal order in this particular case. The negative opinion was declared unfounded.

Court of First Instance of Antwerp, Mechelen division · Family and Juvenile Court
OUTCOMEBelgian nationality declaration acceptedView anonymised judgment (original language)
20
Marriage & private international law

Refusal to solemnise marriage annulled

The court annulled the decision refusing to solemnise the marriage and ordered the civil registrar to perform the marriage ceremony.

Court of First Instance of Antwerp, Antwerp division · Family and Juvenile Court
OUTCOMEMarriage authorisedView anonymised judgment (original language)
21
Nationality

Appeal against refusal of nationality declaration upheld

The court first found that the applicant met the basic requirements of Article 12bis, §1, 2° of the Belgian Nationality Code, including lawful residence, social integration and economic participation. The public prosecutor regarded her use of a false Canadian passport and another identity during her flight from Afghanistan and arrival in Belgium as a serious personal fact. The court acknowledged that identity deception seriously affects public order and migration policy, but placed the event in the specific context of flight and also considered her later life. The applicant had subsequently been recognised as a refugee, her true identity had been established and there was no evidence that she currently seriously failed to meet the obligations of a candidate for Belgian nationality. Refusal would therefore be disproportionate, and the appeal was upheld.

Court of First Instance of East Flanders, Dendermonde division · Family and Juvenile Court
OUTCOMEApplication grantedView anonymised judgment (original language)
22
Nationality

Nationality declaration accepted despite negative opinion

The public prosecutor based the negative opinion on a single conviction for driving without a licence, which resulted in a fine and a driving ban. The court examined whether this offence, through the concept of a serious failure to fulfil the duties of a Belgian citizen, constituted a current serious personal fact. It took account of the one-off nature of the offence, the passage of approximately three and a half years, the absence of other negative facts during ten years of residence and the proven language training, civic integration and employment. The applicant’s lasting family ties with Belgium were also considered. Although the original opinion had been understandable, it could no longer be found that the candidate currently seriously failed to fulfil those duties; the opinion was therefore declared unfounded.

Court of First Instance of Antwerp, Antwerp division · Family and Juvenile Court
OUTCOMENegative opinion declared unfoundedView anonymised judgment (original language)
23
Nationality

Appeal against negative nationality opinion upheld

The negative opinion was based on an investigation for driving without the required licence, which later led to a fine and a driving ban. The court accepted that facts outside the express list in the implementing decree may also qualify as serious personal facts when they indicate a serious failure to fulfil civic duties. It nevertheless carried out a concrete proportionality assessment. The applicant explained that he had been misinformed about the use of his foreign driving licences, had since obtained a Belgian licence and was paying the fine. In view of those circumstances, the court considered the traffic conviction insufficiently serious to prevent the acquisition of Belgian nationality and declared the opinion unfounded.

Court of First Instance of Antwerp, Mechelen division · Family and Juvenile Court
OUTCOMENegative opinion declared unfoundedView anonymised judgment (original language)
24
Civil status

Foreign civil-status records and registers corrected

The court granted the applications and ordered corrections to the civil-status records concerned. It also ruled that the changes had to be entered in the registers where necessary.

Court of First Instance of East Flanders, Dendermonde division · Family and Juvenile Court
OUTCOMEApplications grantedView anonymised judgment (original language)
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