Belgium must register visa application from Gaza within 2 working days
The Brussels Court of First Instance has ruled in summary proceedings that the Belgian State must accept the visa application of a 23-year-old student from Gaza remotely. The application may be submitted via any written telecommunications medium and must be registered within two working days.
The student, Salwa Abu Elhaj, received a scholarship for a Master's degree in Communication Sciences at KU Leuven. She was stuck in a legal loop. Normally, she must appear in person to apply for a visa, but Belgium has no consulate in Gaza. To apply in Jerusalem or Cairo, she needs that very visa and an evacuation. In May, the same court issued a nearly identical ruling for a student with a scholarship at Hasselt University. In total, there are thirteen students with a Belgian scholarship involved.
The ruling concerns exclusively the manner in which the application may be submitted. The court does not rule on whether the visa will actually be granted and emphasizes that there is no violation of the separation of powers. Even with a visa, an evacuation remains necessary, and the federal government must organize that itself. That decision has not yet been made. The core cabinet will meet on Friday. Minister of Foreign Affairs Maxime Prévot is preparing a note on the ways in which the thirteen students can be evacuated. State Secretary Anneleen Van Bossuyt opposes this. Salwa Abu Elhaj is expected at KU Leuven on September 16.
What this means for you: the court determines that a personal appearance is not a legal requirement for a student visa. Anyone in a similar situation who cannot physically present themselves at a consulate can submit that request in writing and invoke this case law. Be sure to seek assistance from an immigration lawyer.