- 1 result found
- 1997
- Burden of proof
- National
- Clear
Court name: Constitutional Court of Austria (Verfassungsgerichtshof)
State: Austria
Date of decision:
Key aspects: Burden of proof, Determination/confirmation of nationality, Standard of proof, Statelessness determination
The applicant was born in Austria to an Austrian mother and a father who was a refugee from Poland. The applicant argued that his father was stateless at the time of his birth (as this would lead to applicant being recognised as Austrian), and requested the authorities to accept his father's testimony as proof. The authorities concluded that the applicant's father was a Polish national solely on the basis of the Polish legislation, without evaluating the content of the testimony. The decision was declared unlawful on procedural grounds, as the testimony should have been taken into account.