Court name: Court of Justice of the European Union
State: Bulgaria
Date of decision:

Article 12(1)(a) of the Qualification Directive, which provides for an exclusion ground from refugee status where the applicant benefits from protection or assistance from, inter alia, UNRWA, constitutes a lex specialis, and therefore requires an assessment of whether the applicant receives such assistance or protection. In addition, a person registered with UNRWA who receives effective protection or assistance from that agency in a third country which is not the territory of her habitual residence but which forms part of the area of operations of that agency must be considered as enjoying sufficient protection in that third country in accordance with Article 35 of the Asylum Procedures Directive and therefore may not obtain asylum in the EU. The Court lays down the conditions under which the applicant may be considered as enjoying sufficient protection in that third country.

Court name: European Court of Human Rights
Date of decision:

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.

Court name: European Court of Human Rights
Date of decision:

Two applications (joined before the Court) concerned the removal of and the refusal to exchange passports, leaving the applicants stateless and without identity documentation, after the relevant Russian authorities found their Russian citizenship to be granted erroneously. The Court held the withdrawal of identity documents, which affected the exercise of their rights and freedoms in their daily lives, was a violation of Article 8 of the Convention.

Court name: Supreme Court
State: Greece
Date of decision:

France requested from the Greek authorities the extradition of a stateless person who faced multiple criminal charges.

Court name: Vienna Administrative Court
State: Austria
Date of decision:

The applicant received assurance of obtaining Austrian nationality if she renounces her Estonian nationality. After the renunciation, it appeared that the applicant committed two administrative offences related to her driving, which in addition to the eight she committed previously were considered as an indication of her no longer fulfilling the public order requirement for naturalisation. This resulted in the withdrawal of assurance of obtaining Austrian nationality, leaving the applicant stateless. 

Court name: Supreme Administrative Court
State: Poland
Date of decision:

The applicant was born abroad to two Polish mothers, and acquired Polish nationality on the basis of at least one of his parents being Polish. However, he was unable to access Polish identity documents, for which a transcription of a foreign birth certificate into the Polish legal order is required - the latter being denied as the concept of two mothers contradicts the fundamental principles of Polish legal order. The Court ruled in favour of the applicant, relying heavily on national and international children's rights norms.