This case concerns an Estonian national who renounced her nationality on the basis of an assurance that she would be granted Austrian nationality once proof of her renunciation was given. This assurance was revoked on the grounds that the applicant had committed road traffic offences, leaving the applicant stateless. In its judgment, the CJEU confirms that the situation at issue in the main proceedings falls within the ambit of EU law, and concluded that the authorities' decision to revoke an assurance to grant Austrian nationality was not compatible with the principle of proportionality.
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The applicant is a dual Dutch/Moroccan national whose Dutch nationality was withdrawn on the basis of a criminal conviction for terrorist activities.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The applicant's Ukrainian nationality was withdrawn rendering him stateless, and subsequently a travel ban of 3 years was imposed on him due to a procedural violation of the border crossing rules.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The applicant is a dual Moroccan-Dutch nationality, whose Dutch nationality was withdrawn as a consequence of his involvement in a terrorist organisation. The applicant argued that the legal ground for withdrawing nationality only affects dual nationals, who are almost always Dutch nationals with a non-Western background, and thus constitutes discrimination prohibited by the ECHR. The Court ruled that prevention of statelessness is a sufficient and objective justification of this distinction, and the distinction is therefore justified.
Applicant's Ukrainian nationality was withdrawn on the basis of voluntary acquisition of Canadian nationality.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.
This case, heard first before the First-tier Tribunal (Immigration and Asylum Chamber) (the “First-tier Tribunal”) followed by the Upper Tribunal (Immigration and Asylum Chamber) (the “Upper Tribunal”), concerned the Secretary of State for the Home Department’s decision under section 40(3) of the British Nationality Act 1981 (the “1981 Act”) to deprive the appellant of his British citizenship granted on 11 December 2007 on the ground that, in his application, the appellant had deliberately concealed the fact that he had earlier obtained a grant of British citizenship using false details.
Before the Court of Appeal, the key issues to be determined were (i) on whom the burden of proof lay to prove that the appellant would be stateless if deprived of British citizenship, and (ii) whether the Upper Tribunal had correctly determined that the First-tier Tribunal’s failure to consider the issue of the appellant’s statelessness was immaterial.
A child is born in the Netherlands in 2016, and has resided there since, without a legal residence permit. A request was made on behalf of the child to determine that he has Dutch nationality, on the basis of direct application of article 1 of the 1961 Convention, as he would otherwise be stateless. The Court refuses, as it considers this to be a question of granting Dutch nationality, and not of determination of Dutch nationality, which the Court is not empowered to do.
Germany’s highest administrative court decides on a case in which stateless minors (the applicants) were granted German nationality. The applicants’ parents applied for their nationality using false information, namely that the family would originate from Lebanon instead of Turkey. The Court held that the withdrawal of nationality is only valid if done promptly, i.e. within a maximum of five years after the nationality has been granted.