Court name: District Court Zeeland West-Brabant
Date of decision:

This case concerns the refusal of a municipality to grant Dutch nationality to an undocumented, stateless child born in the Netherlands and who has always lived in the country, because the child had not been residing lawfully in the country for at least three years, as provided by the applicable law. The Dutch court ruled that the refusal should be set aside and nationality granted. The court found that according to the 1961 Convention, only habitual residence is required. It notes that the amended Dutch Nationality Act, in force since October 2023, only provides for the requirement of habitual residence and no longer imposes a lawful residence requirement, and therefore this condition should not have been applied in this case, as it is contrary to international law

Court name: Administrative Court of Luxembourg
State: Luxembourg
Date of decision:

The applicant’s application for statelessness status was denied (both in first and second instance) due to a lack of sufficient proof to determine a difficulty in establishing a nationality, paired with a substantial lack of cooperation of the applicant with the authorities. The Court ruled that the applicant, of Kurdish origin, did not provide coherent and sufficient evidence to support his application.

Court name: Administrative Court of the Grand-Duchy of Luxembourg
State: Luxembourg
Date of decision:

The applicant’s application for statelessness status was denied due to the lack of sufficient proof to determine a difficulty in establishing a nationality, paired with a substantial lack of cooperation of the applicant with the authorities. The Court ruled that the applicant, declaring being of Somalian origin but eventually confirmed of unknown origin, did not provide coherent and sufficient evidence to support his application.

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

The case was brought to the Supreme Court by 16 individuals who are descendants of a Cypriot citizen and a Turkish citizen, claiming that they applied to register as citizens of Cyprus but never received a response from the authorities. They argued that they are stateless and that Cyprus failed to grant them Cypriot citizenship. The Supreme Court noted the adverse consequences of statelessness, referring to jurisprudence of the ECtHR, but found that all but one applicant are Turkish citizens. For all applicants, the Court concluded that the authorities’ failure to respond to the citizenship applications fell under the jurisdiction of the Administrative Court, and thus rejected the applications.

Court name: Swiss Federal Court (BGer)
Date of decision:

The asylum application submitted by a refugee of Palestinian origin with Syrian travel document was rejected and the applicant was provisionally admitted in Switzerland, as the enforcement of removal has proven unreasonable. The applicant and his family submitted a subsequent application for recognition of statelessness. The Swiss Federal Court recognised the statelessness of Palestinian refugees from Syria, for whom UNRWA protection or assistance is objectively no longer accessible.

Court name: Swiss Federal Court (BGer)
Date of decision:

The asylum application filed by applicants of unknown nationality of Palestinian origin with Syrians travel documents was rejected and the applicants were temporarily admitted in Switzerland, as the enforcement of removal had proven unreasonable. The refugees submitted a subsequent application for recognition of statelessness, which was approved by the Swiss Federal Court. The Swiss Federal Court assessed the legitimate interest of the request and specified the legal requirements and advantages of being recognised a stateless person, to which temporarily admitted persons would not be entitled.

Court name: Court of The Hague
Date of decision:

The case concerns an appeal against the Dutch authorities for not taking a decision in time on the applicant's asylum procedure. The court ruled in favour of the applicant and ordered the authorities to issue a decision on the application within eight weeks of the day on which the ruling is sent. Moreover, the court rejected the authorities' argument according to which the applicant was subject to a departure moratorium according to the law for Russian conscripts, given that it was apparent from the record that the authorities assumed that the applicant was stateless. 

Court name: Court of The Hague, location Utrecht
Date of decision:

The case concerns the asylum application in the Netherlands of an applicant claiming to be stateless. The court found that the Dutch authorities erred when they assumed the applicant's name, date of birth and nationality, without sufficiently motivating this decision, despite the applicant's consistent statements on statelessness.

Court name: Administrative Court of Appeals of Athens
State: Greece
Date of decision:

The Greek Administration did not err in rejecting the applicant's asylum application as there were no legal grounds in considering that the applicant was a refugee. The applicant, who was a stateless person of Palestinian origin, claimed during his interview that he left his country for economic reasons and in order to find employment, confirming that there were no other reasons forcing him to leave.

Court name: Council of the State
State: Greece
Date of decision:

The Council of State approved the application for interim measures and suspended the deportation order against the applicant, who was born in Palestine and was stateless, according to certain documents on the public record (or a Libyan national based on others). The deportation order (issued due to suspicions that the applicant was a member of Hamas) was found to cause hardly repairable damage to the applicant, while the Hellenic Police had failed to concretely demonstrate why delaying the deportation would harm national security and the public order.  

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

The Supreme Court held that an asylum seeker may maintain during the appeal phase the benefits received during the asylum procedure, in particular the right to reside and work in Spain.

Court name: Cour de cassation
State: France
Date of decision:

The case concerns the challenge before the French Court of Cassation (Cour de Cassation) of a refusal by the Court of Appeal of Rennes to register on the French civil registries the birth certificate of a child who was born in Canada as a result of a surrogacy procedure, and the recognition of parental relationship between that child and one of the applicants. In this case, both parents were a couple of men. The Cour de Cassation ruled in favour of the applicants and ordered the registration of the child's birth certificate on the French registries, designating both parents as fathers of the child.

Court name: Upper Tribunal (Immigration and Asylum Chamber)
Date of decision:

The Appellant’s appeal to prevent his deportation to Algeria was brought on Articles 3 and 8 ECHR grounds. The Appellant submitted that he was at real risk of destitution (Article 3) and / or would face very serious obstacles to his integration into Algeria on account of his mental health (Article 8). The Upper Tribunal refused the Article 3 ECHR part of the appeal but granted the appeal on Article 8 ECHR grounds. 

Court name: Upper Tribunal (Immigration and Asylum Chamber)
Date of decision:

The Appellants were appealing the decision of the First-tier Tribunal (the “FtT”). The Appellants brought their appeal on two grounds: i) the FtT had failed to provide a properly reasoned finding regarding the nationality of the Appellants; and ii) the FtT had failed to properly consider the risk of returning the Appellants to Iran on account of their being ethnically Kurdish. The Upper Tribunal dismissed the Appellants’ appeal. 

Court name: Municipal Court in Prague
Date of decision:

The court found that, despite the Ministry of Interior’s refusal to issue identity documents to persons applying to be recognised stateless, applicants have the right to be issued with an ID. The court referred to UNHCR Guidelines and to its previous ruling, according to which the analogy with the asylum procedure should be preserved regardless of whether statelessness determination is regulated under the Asylum Act or the Immigration Act (following a legislative amendment in 2021).

Court name: Supreme Administrative Court
Date of decision:

In a dispute concerning court jurisdiction, the Supreme Administrative Court recognised the special circumstances of the claimant in an application for the determination of statelessness, and ruled that the court which would have been competent in an asylum procedure should continue the proceedings.

Court name: First Instance Court of Athens (single-member)
State: Greece
Date of decision:

The case concerns a stateless adult who was born out of wedlock and who applied to be recognised as a legitimate child of his father. The court found that Greek law was applicable but dismissed the case as inadmissible.

Court name: Cour administrative d’appel de Versailles
State: France
Date of decision:

The applicant originally from Azerbaijan unsuccessfully applied for statelessness status in France following the rejection of his asylum claim. The Court found that in his application for statelessness status, the applicant did not show that the legal provisions governing the law of nationality in the countries with which he had a link were not applicable to him or were not applied to him by the authorities of these countries, and he did not provide evidence of having made 'repeated and assiduous approaches' to the authorities of these countries to be recognised a national, or of having been refused nationality by them after examination of his application. Moreover, the applicant cannot simply invoke the absence of registration in a country if he has resided in said country for a long time.

Court name: The Court of The Hague
Date of decision:

This case concerns a stateless Palestinian who grew up in a refugee camp in Lebanon, the Ein El-Hilweh camp, before applying for asylum in the Netherlands. The Court considered that the general information submitted shows a substantial deterioration in the situation for Palestinian stateless people in Lebanon and in particular in the Ein El-Hilweh camp. The Court found that the Secretary of State’s decision was flawed and that it must reconsider the application considering relevant factors, including whether UNRWA’s support met minimum requirements. An appeal is pending.

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

In a case concerning a Dutch national associated with ISIS, the Council of State ruled that the decisions from the Dutch authorities to declare the applicant undesirable and to withdraw her Dutch nationality should be annulled on the grounds that they did not sufficiently take into consideration the best interests of her minor children and her right to family life.

Court name: Luxembourg Administrative Court
State: Luxembourg
Date of decision:

The applicants’ request for family reunification was upheld by the Administrative Court of Appeal in Luxembourg. The Court ruled that the appeal was well-founded and that the disputed refusal decision of the Court of first instance must be annulled. The Administrative Court of Appeal underlined that, by rejecting the family reunification application, the Ministry of Immigration and Asylum disproportionately infringed the child’s right to respect for her private and family life in violation of Article 8 of the ECHR and disregarded the best interests of the child, protected by Article 24 of the Charter and Article 5 of Directive 2003/86/EC.

Court name: Austrian Supreme Administrative Court (Verwaltungsgerichtshof, VwGH)
State: Austria
Date of decision:

The case concerns the unlawfulness of the deportation of a mother and her two daughters from Austria to Georgia. A reassessment from the court (at the time of the execution of the deportation) leads to the result that the circumstances in favour of the applicants have changed to such an extent that the deportation must be considered disproportionate.

Court name: Administrative Court of the Republic of Slovenia
State: Slovenia
Date of decision:

The applicant lived in Slovenia for 52 years, of which he had a permanent residence for 28 years. After being erased from the register of permanent residents, he lived in Slovenia for another 24 years. In 2014, a return decision was issued to him. Two years later, when the deadline for voluntary return had expired, he filed an application for permission to stay. The competent authority rejected his request and the case was referred to the administrative court.

The administrative court ruled that when considering the applicant's stay in Slovenia, specific circumstances must be taken into account, especially the length of the applicant’s residence in Slovenia and his social status, as well as the fact that he was a stateless person. In that regard, it is necessary to ensure that his right to respect for this private life is respected.

Court name: Conseil d'État
State: France
Date of decision:

The removal of the parent of a stateless child who is not entitled to a residence permit can only be ordered for reasons of national security or public order. Otherwise, the removal of the parent would deprive the child of the rights and guarantees attached to the status of stateless person if the child accompanies his or her parents outside French territory in application of the removal order issued against the parents, or would disproportionately infringe on the right to family life of the parents, in breach of Article 8 of the European Convention on Human Rights, if the child remains in France separated from his or her parents.

Court name: The Hague District Court
Date of decision:

The applicant is a Palestinian refugee born in an UNRWA refugee camp in Lebanon. The applicant argues that the Secretary of State failed to acknowledge that he is stateless when applying the exclusion clause of Article 1D of the Refugee Convention. The Hague District Court refers to case law from 2017  which states that statelessness determination is not a requirement during an asylum procedure if it is not essential for the decision on the application.