- 195 results found
The applicant was born in the Russian Federation and his birth was not duly registered. Lacking identity documents and unable to prove his nationality, he was detained in Ukraine for the purpose of expulsion. The Court held that the authorities did not act diligently to contact the Russian embassy and obtain documentation to evidence the applicant's Russian citizenship, and failed to review the lawfulness of his detention and to provide an effective remedy, in violation of Article 5(1), (4) and (5).
The case concerns the interpretation of Article 12(1)(a) of Directive 2011/95/EU (hereafter recast Qualification Directive).
The applicant requested international protection in Germany as he no longer had access to protection from the UNRWA in Syria.
The national Court referred 5 questions to the CJEU to determine whether the applicant satisfied the conditions under Article 12(1) according to which, in essence, if the protection or assistance from UNWRA has ceased for any reason, without the position of persons receiving that protection or assistance being definitely settled, those persons are ipso facto entitled to the benefits of Directive 2011/95.
The applicant is from Western Sahara and identifies as a Sahrawi, a territory occupied by Morocco. Having fled to France, he argued that he should qualify as a stateless person even though his birth certificate indicates that he has Moroccan nationality. He argued that this matter should be referred to the CJEU for a preliminary ruling.
The applicant asked to be granted the status as a stateless person in France, however both the OFPRA (French bureau for the protection of refugees and stateless persons) and the Courts denied him this status on the grounds that he did not take sufficient steps to request nationality from the Armenian authorities. He also argued that people from Azerbaijan face discrimination and are often refused Russian nationality, even when they may be able to benefit from it. The Court concluded that no discrimination exists and the applicant failed to take steps to obtain Russian nationality.
The applicant, a stateless person residing in Hungary, faced protracted difficulties in regularising his legal situation, being eventually recognised as stateless after fiften years' residence. During thirteen of those years, the applicant had no legal status in Hungary and was entitled to neither healthcare nor employment, nor was he able to marry. The Court held that Hungary had not complied with its positive obligation to provide an effective and accessible procedure enabling the applicant to have his status in Hungary determined with due regard to his private-life interests under Article 8 of the Convention and that there had been a violation of that Article.
A Palestinian refugee was living in Lebanon and benefited from the protection of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) before moving to France in 2015. The applicant was granted status as a stateless person by a first instance Court in France, but the French bureau for the protection of refugees and stateless persons (OFPRA) appealed this decision. The Conseil d’Etat (Supreme French Administrative Court) quashed the Administrative Court of Appeal’s decision granting the applicant the status as a stateless person because the Administrative Court of Appeal didn’t mention in its reasoning whether the applicant lost or no longer continued to benefit from the effective protection of the UNRWA.
The applicant, a Moroccan national who acquired French nationality, was sentenced to seven years’ imprisonment in 2013 for involvement in a conspiracy to carry out terrorist acts in France and other countries. He was deprived of his French nationality and was served with an expulsion order: despite requesting an interim measure under grounds of Article 3 ECHR he was returned to Morocco.
The applicant claimed, inter alia, that his removal violated his rights under Article 3 ECHR due to the risk that he would be exposed to ill-treatment in the event of his return and that his removal in breach of the European Court of Human Rights (the Court) interim measure violated Article 34 ECHR.
The complainant, a Syrian Kurd with provisional refugee status in Switzerland, applied for recognition as stateless. Her application was rejected on the grounds that a) she was entitled to Syrian nationality and b) she was already protected by the Refugee Convention. On appeal, the court held that the complainant was entitled to apply for recognition as stateless notwithstanding her status as a refugee and that, since the complainant would have to travel to Syria to claim nationality there, she had adequate reasons for not claiming the nationality to which she had an entitlement and could be recognised as stateless.
The Dutch requirement that a child provide proof of lack of nationality in order to be recognised as stateless was a violation of Art 24 ICCPR. As a person registered with 'unknown nationality' the child could not benefit from international protections afforded to stateless children, including the right to acquire the nationality of the State in which they are born.
The case concerns the interpretation of Article 12(1)(a) of EU Directive 2004/83. The question before the Court of Justice of the European Union (CJEU) was how to determine who should have access to guarantees provided by Article 12, and what those guarantees entailed. The CJEU held that individuals who had received protection from a non-High Commissioner for Refugees (‘HCR’) UN organisation, but ceased to receive this protection due to a reason beyond their control, should automatically be granted refugee status by a Member State unless they fall into one of the exceptions of Article 12.
The applicant challenged a decision depriving him of his British citizenship and excluding him from the United Kingdom because of his alleged involvement and link to terrorist-related activities. After failing in his appeals to the High Court, Court of Appeal and the Special Immigration Appeal Tribunal, the applicant complained to the European Court of Human Rights (‘the Court’) under Articles 8 and 14. The Court rejected all of the applicant’s complaints, finding them to be manifestly ill-founded, and declared the application inadmissible.
After discovering that the applicant had omitted information when applying for Russian citizenship, his citizenship was annulled and an entry ban was enforced. In light of the far reaching consequences of this decision, and its apparent arbitrary nature, the Court held that the annulment interfered with the applicant's rights as guaranteed under Article 8 of the Convention. Furthermore, the expulsion of the applicant from Russian territory failed to respect the principle of proportionality, particularly given the lack of evidence of any threat to Russian national security posed by the applicant, thereby violating Article 8.
The Court held that it is not contrary to EU law for Member States to withdraw citizenship obtained by deception, even if the effect is to also withdraw citizenship of the Union, so long as the decision observes the principle of proportionality.
The applicant is a dual Dutch/Moroccan national whose Dutch nationality was withdrawn on the basis of a criminal conviction for terrorist activities. The Court rejected the applicant's appeal, concluding, among others, that prevention of statelessness is a valid reason for differentiated treatment between those with a single and with multiple nationalities, and that withdrawal of nationality is not a punitive measure. Withdrawal of nationality in addition to the criminal sentence does not violate the principle that prohibits repeated punishments for the same action.
The State Secretary for Justice and Security has placed the Appellant under detention for the purpose of deportation. The Appellant refutes this claim, stating that he is stateless, so there is nowhere for him to go. The Court states that there can still be a prospect of deportation when the Appellant is stateless.
The Appellant is a stateless Palestinian who has applied for asylum in the Netherlands. The Appellant claims that Lebanon cannot be regarded as her country of usual residence. The court declares that Lebanon was rightly considered the Appellant’s country of usual residence and the exclusion provision of Article 1 (D) of the Refugee Convention applies.
A stateless applicant born in the Tajikistan Soviet Socialist Republic of the Soviet Union, was arrested for homelessness in Russia. The District Court ruled that he had to be preventively detained until expulsion back to the Tajikistan Republic. The Russian State tried to obtain travel documentation for the applicant, overlooking the fact that the applicant was not a national of that State and that Tajikistan had no legal obligation to admit him, resulting in his preventive detention for two years. The Court found a violation of Article 5, as the applicant’s detention was not carried out in good faith due to the lack of a realistic prospect of his expulsion and the domestic authorities’ failure to conduct the proceedings with due diligence.
Fourteen Syrian nationals of Kurdish origin and two stateless Kurds had their asylum applications rejected in Cyprus, on grounds of the accounts being either unsubstantiated, lacking credibility or, on the respective facts, being insufficient to establish a real risk of persecution. The applicants were arrested, detained, deported, and subjected to imprisonment for protesting the Government’s restrictive asylum policies. The grounds for deportation related to illegal entry and illegal stay. The applicants claimed that they had not received these orders but were informed orally of their deportation.
The applicant was previously a national of the former USSR, before becoming a “permanently resident non-citizen” of Latvia, where she moved at age 12. Her case is concerned with the deprivation her of pension entitlements in respect of 17 years’ employment due to discriminatory reasons regarding her lack of Latvian nationality. The Court ruled that there had been a violation of the applicant’s rights under Article 14 taken in conjunction with Article 1 of Protocol No. 1 and Article 6 § 1 of the Convention.
The initiation of the procedure for the recognition of statelessness status does not require the applicant to be in the national territory, it is sufficient for the applicant to be at a border point.
The applicants, a stateless Palestinian from Syria and two Syrian nationals, entered Russia in 2013 and were kept in a detention centre before their expulsion to Syria. The Court held that the Government’s actions breached the applicant’s rights provided under Articles 2 and 3. The Court also stated that Articles 5(4) and 5(1)(f) had been violated with regards to their detention. The Court also held that the restricted contact with their respective representatives had breached Article 34 of the Convention.
Five applicants of dual nationality, convicted in 2007 of participating in a criminal association in a terrorist context, were stripped of their French nationality in October 2015 by Prime Minister decrees. The Court held that the decision to forfeit the applicants’ French nationality did not have a disproportionate impact on their private lives and therefore was not in violation of Article 8 of the Convention.
A family of three applicants, who came to Latvia under the former Soviet Union, were denied permanent resident status following its independence and offered short term residence status and registration on the domestic register of residents. The second and third applicants have Russian nationality, while the first applicant has no nationality. Following complaints of their Article 8 and Article 34 rights being violated, it was held that Article 8 cannot guarantee the right to a particular type of residence permit.
Eight applicants some of whom were stateless and others were nationals of former-Yugoslavian failed to request or were refused Slovenian citizenship, following its independence.Their names were “erased” from the Register of Permanent Residents, resulting in them becoming aliens without residence permits. The Court held that the domestic legal system had failed to clearly regulate the consequences of the “erasure”, resulting in a violation of Article 8(2), 14, and 13.
An applicant born to a British mother and Maltese father was denied Maltese citizenship on the basis that the domestic legislation was only applicable to children born out of wedlock, if their mother was Maltese. The Court held there were no reasonable grounds for the difference in treatment and found this to be a violation of Article 14 of the Convention in conjunction with Article 8.