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.
The applicant's Ukrainian nationality was withdrawn rendering him stateless, and subsequently a travel ban of 3 years was imposed on him due to a procedural violation of the border crossing rules. The applicant argued that the travel ban is disproportionate, that he enjoys lawful residence in Ukraine, has very close ties with Ukraine, and that the ban interferes with his right to challenge the deprivation of nationality which rendered him stateless in person in court.
The applicant received Ukrainian nationality in 2008, and as part of the relevant evidence he submitted a court ruling establishing the fact of his permanent residency in Ukraine. Soon after, he renounced his Vietnamese nationality. In 2011 there was another court ruling which reversed the ruling about the applicant's permanent residence in Ukraine. This prompted the authorities to cancel the decision on the applicant's acquisition of Ukrainian nationality, rendering him stateless.
The Ukrainian nationality of the applicant and her two children was withdrawn in 2013, on the basis that the applicant committed fraud when acquiring the nationality in 2006. The allegation of fraud was based on the fact that a case file was missing from a Court which had earlier established the legal fact of the applicant's permanent residence. The applicant argued that the missing file is not her fault and cannot be construed as "fraud" on her side, and the Court agreed with her, annulling the decision that resulted in the loss of her and her children's nationality.
Applicant's Ukrainian nationality was withdrawn on the basis of voluntary acquisition of Canadian nationality. The applicant argued, among others, that he was not a Canadian national at the time of withdrawal of his Ukrainian nationality, and that he became stateless as a result of the withdrawal. Court dismissed his arguments as he did not provide sufficient evidence as to the circumstances of loss of his Canadian nationality.
The applicant and his two children acquired Ukrainian nationality in 2004, on the basis of "territorial origin" provision. The acquisition was "cancelled" twelve years later on the basis of a statement by the applicant's (alleged) mother that the birth certificate submitted by the applicant in 2004 contained inaccurate information about his parentage. The Court sided with the applicant, maintaining that the accuracy of a birth certificate cannot be challenged on the mere basis of a statement, but also taking into consideration that the administrative decision rendered the applicant stateless in violation of national and international norms.
The plaintiff lost the passport of citizen of Ukraine, which was issued in the currently uncontrolled territory of Ukraine. The court ordered the State Migration Service to issue a passport to the plaintiff, since the SMS did not prove the reasonableness and lawfulness of the decision to refuse to issue a passport as a citizen of Ukraine.