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

This appeal arose from decisions of first and second respondents to refuse the appellant’s application for an Irish passport on the basis that he is not an Irish citizen. The appellant’s passport application was on grounds of automatic birth right citizenship derived through the residence of his father, an Afghan national, who gave false information on his initial refugee application in the State. The Court of Appeal had decided in favour of the Minister, holding that a declaration of refugee status which is revoked on the basis that the applicant had provided false and misleading information leads to the declaration being void ab initio.

The Supreme Court allowing the appeal, held that while a refugee declaration is ‘‘in force’’ and until such time as it is revoked, it must be regarded as being valid. This was based on the fact that the Minister for Justice has a discretion as to whether or not to revoke and is only required to do so when it is considered appropriate. This discretion would have enabled the Minister for Justice in an appropriate case to consider the effect of a decision to revoke on those who obtained derivative rights prior to revocation. The Court held that residence status conferred by the State on a parent based on false or misleading information could be included for the calculation of the period required to confer an entitlement of citizenship on the appellant.

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

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.

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

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.

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: Ireland
Date of decision:

The applicant brought an appeal challenging the constitutionality of s.19 of the Irish Nationality and Citizenship Act 1956, which governs the procedure by which revocation of naturalisation is determined. The fact that the Minister initiated the revocation process, appointed the committee charged with conducting the inquiry and then reached the final decision, was unconstitutional according to the applicant, as it breached the right to fair procedures. The Court held that s.19 was unconstitutional because it did not provide the procedural safeguards required to meet the high threshold of natural justice applicable to a person facing such severe consequences, i.e. revocation of naturalisation.

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

The applicant was born in the Soviet Union on the territory of Russia. The facts as to where the applicant lived and when are disputed in the case. In 1999 he was issued a Ukrainian passport, but a court later established that the place and date of birth he indicated were not correct, and his passport was confiscated and destroyed. The authorities argued that the applicant ought to prove he never acquired Russian nationality or alternatively that he renounced his Russian nationality. 

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

The applicant was born in the US, and his birth certificate indicated a Polish national as the father, and an unknown surrogate mother as the mother. Polish authorities refused to confirm the applicant acquired Polish nationality at birth as a child of a Polish parent, because the birth certificate is against the Polish public order, in particular the prohibition of surrogacy. The courts ruled in favour of the applicant, stating that confirmation of his Polish nationality on the basis of the birth certificate does not amount to validation of surrogacy.

Court name: Constitutional Court of Austria (Verfassungsgerichtshof)
State: Austria
Date of decision:

The applicant acquired Austrian nationality in 1995 and renounced her former Turkish nationality in 1996 as a condition for retaining the Austrian nationality. In 2018 the Austrian authorities declared that she has no longer been an Austrian national since 1997 as it appeared that she voluntarily re-acquired her Turkish nationality at that time, which is a ground for automatic loss of Austrian nationality. The Court set aside the determination of loss of Austrian nationality as it did not carry out a proportionality test on the basis of the Tjebbes judgment.

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: Constitutional Court of Austria (Verfassungsgerichtshof)
State: Austria
Date of decision:

The applicant was issued an assurance that she will acquire Austrian nationality if she renounced her former Serbian nationality, which she did. However, after the assurance was issued the applicant committed a number of administrative offences, leading to the assurance being withdrawn after the renunciation of the former nationality has already taken place, resulting in the applicant's statelessness. The Court emphasised the constitutional significance of a letter of assurance of acquisition of nationality, and sided with the applicant. 

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

The applicant acquired Austrian nationality by naturalisation in 1997, and renounced her Turkish nationality in that context. In 2018 it appeared that the applicant was listed on the voter registers for Turkish nationals abroad. She did not provide proof that she did not re-acquire Turkish nationality, and on that basis the Austrian authorities declared she has lost her Austrian nationality automatically due to acquisition of a foreign nationality. 

Court name: Constitutional Court of Austria (Verfassungsgerichtshof)
State: Austria
Date of decision:

In order to acquire Austrian nationality, the applicant renounced her Turkish nationality in 1997. Over a decade later it came to light that she has re-acquired Turkish nationality in 1998, which according to Austrian law resulted in automatic loss of the Austrian nationality. She renounced her Turkish nationality again in 2009, but in 2010 the Austrian authorities confirmed that she was no longer Austrian since 1998. The Court found that this was not in violation of Austria's obligation to avoid statelessness since the applicant's statelessness was not caused by a decision of the  Austrian authorities. 

Court name: East-Brabant Court
Date of decision:

The applicant originates from Somalia and arrived to the Netherlands through Yemen as an unaccompanied minor. When testifying for his asylum application, he omitted to mention that he had lived in Yemen. He was granted a residence permit which later lead to his naturalisation, but the latter was withdrawn nearly 12 years later as the authorities found out about his history in Yemen. He argued that the denaturalisation is disproportionate in light of the CJEU Rottmann judgment, citing statelessness as one of the circumstances, and the court upheld his position. 

Court name: Council of State of the Netherlands (Raad van State)
Date of decision:

The applicant naturalised in the Netherlands in 2003, but the naturalisation was withdrawn in 2013 when the authorities found out she had a criminal conviction in Belgium in 2000 that she failed to mention in her naturalisation application. The applicant argued that the decision depriving her of her Dutch nationality is disproportionate, among others in light of EU law and Rottmann judgment, in particular due to her becoming stateless as a result, and the difficulties she may face re-acquiring her original Ghanaian nationality. The Court rejected the appeal and upheld the decision denaturalising the applicant. 

Court name: Court of North-Holland
Date of decision:

The applicant naturalised in the Netherlands, after having derived his legal residence from being a partner of a Dutch resident. His naturalisation was later withdrawn, as it appeared he has concluded a marriage and fathered a child with another person in Egypt while still deriving residence rights from his relationship in the Netherlands. The Court confirmed the legality of withdrawal, despite the applicant becoming stateless as a result.

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

The applicant was born in Poland to a Vietnamese mother. When she was 9 years old a Polish citizen formally recognised her as his daughter, and the local authority subsequently confirmed that she is a Polish citizen by birth. She was growing up as a Polish citizen until another 8 years later the central government authorities invalidated the confirmation of nationality by the local authority, as according to the Polish Citizenship Law changes in parenthood can only lead to acquisition of Polish citizenship if they take place within 1 year of birth. The applicant's arguments related to article 8 ECHR, best interests of the child, as well as long-term presumption of Polish citizenship due to no fault of the applicant, although the court dismissed all arguments.

Court name: Supreme Court of Saha Republic
Date of decision:

The applicant is a former USSR citizen, who has been residing on the territory of Russian Federation since 1990. He has received an "insert" into his passport in 1994 as evidence of him being recognised as a Russian citizen, which was a standard procedure at a time. In 2011 a "verification" took place - a policy that resulted in questioning of many citizenships acquired after the fall of the Soviet Union, including the applicant. The Court sided with the applicant, considering among others that refusal to recognise him as a Russian citizen would result in his statelessness. 

Court name: Versailles Administrative Court
State: France
Date of decision:

Applicants, both originally from Kazakhstan, appealed the rejection of their statelessness status. They had a document from the Kazakhstan embassy indicating they were no longer nationals, but OFPRA considered they needed to attempt to re-acquire the Kazakh nationality before benefiting from the statelessness status in France, and that the applicants' previous unsuccessful attempts to seek asylum are not an obstacle in attempting to reacquire their former nationality. The Court sided with OFPRA and confirmed the rejection of the statelessness status. 

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

Egyptian national, who was granted the ability to revoke his Egyptian citizenship, was deprived of his Maltese citizenship years later after the State’s decision that he had obtained his Maltese citizenship from his first marriage through fraud. The Court found that there was no Article 8 violation, holding that the decision to deprive the applicant of his Maltese citizenship did not adversely affect him as a stateless individual, as the decision complied with the law and the applicant had opportunities to seek redress for any potential issues that would arise as a result of the State’s actions.