Belgium Orders Him to Leave the Country After His Residency Application, This Moroccan Man Gets the Decisions Annulled
A Moroccan man living in Belgium had applied to remain there for medical reasons. The Immigration Office rejected his application and simultaneously ordered him to leave the country. He challenged both decisions and ultimately obtained their annulment before the Belgian courts.
The man, whose arrival date in Belgium is not specified in the ruling, submitted an application for a residence permit on 4 May 2023 under Article 9ter of the Belgian law on foreigners. This procedure allows a person present in Belgium to apply for residency when an illness exposes them, in particular, to a serious risk due to the lack of adequate treatment in their country of origin.
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Nearly nine months later, on 6 February 2024, the Immigration Office deemed his application unfounded. But the administration did not merely refuse him residency: on the same day, it issued an order against him to leave the country.
The Moroccan man decided to challenge both measures. On 3 May 2024, he brought the case before the Council for Alien Law Litigation (CCE), seeking the suspension and annulment of the refusal of residency as well as the order to leave the country.
The Refusal of Residency and the Order to Leave Fall Together
The litigation would last more than a year. The case was finally examined at the hearing of 27 May 2025. In its ruling no. 331.737 of 28 August 2025, the Council for Alien Law Litigation ordered the annulment in this case opposing the Moroccan national to the Belgian state.
The refusal issued on 6 February 2024 concerning his application based on medical reasons and the accompanying order to leave the country were thus overturned by the court. This annulment does not, however, automatically grant the Moroccan man a residence permit: the administration must rule on his situation again while complying with the CCE’s ruling.
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For him, the result is nevertheless concrete: after requesting permission to remain in Belgium in May 2023, then receiving both a refusal and an order to leave nine months later, he manages to have the decisions overturned by the Belgian courts.
