The Dutch requirement that a child provide proof of lack of nationality in order to be recognised as stateless was a violation of Art 24 ICCPR. As a person registered with 'unknown nationality' the child could not benefit from international protections afforded to stateless children, including the right to acquire the nationality of the State in which they are born.
The applicant is a dual Dutch/Moroccan national whose Dutch nationality was withdrawn on the basis of a criminal conviction for terrorist activities.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 State Secretary for Justice and Security has placed the Appellant under detention for the purpose of deportation. The Appellant refutes this claim, stating that he is stateless, so there is nowhere for him to go. The Court states that there can still be a prospect of deportation when the Appellant is stateless.
The Appellant is a stateless Palestinian who has applied for asylum in the Netherlands. The Appellant claims that Lebanon cannot be regarded as her country of usual residence. The court declares that Lebanon was rightly considered the Appellant’s country of usual residence and the exclusion provision of Article 1 (D) of the Refugee Convention applies.
The applicant of Roma origin was denied a residence permit to the Netherlands on the basis of the applicant’s husband failing to meet the requirements under domestic immigration rules and because of the applicant’s multiple convictions. The Court held the Contracting State had struck a fair balance between the applicant’s Article 8 rights and its own interests in regulating its immigration.
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 He was granted a residence permit which later lead to his naturalisation, but the latter was withdrawn nearly 12 years later as the authorities found out about his history in Yemen.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.
The applicant is the mother of a stateless child born in the Netherlands, who applied for confirmation of Dutch nationality for her son. The application was rejected as the municipality neither considered it established that the child is stateless, nor that he has fulfilled the legal residence requirement. The applicant claimed that denial of confirmation of nationality for her son constitutes violations of article 8 ECHR, article 7 CRC and article 24 ICCPR, but those arguments failed in Court. The Court mentions the plans of the Dutch government to introduce a statelessness determination procedure.
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.
The applicant received asylum status as a stateless Palestinian, but his request to register his statelessness in the municipal civil records was rejected due to lack of evidence. He has an original UNRWA document and an ID from Lebanon, but they were considered insufficient proof of identity as well as of statelessness. The applicant complained that inability to affirm his statelessness violates his identity rights under article 8 ECHR, as well as his rights as a stateless person under EU law, both of which arguments didn't succeed.
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.
The applicant attempted to naturalise in the Netherlands, but her request was rejected because she did not submit a legalised birth certificate. The applicant argued that as an ethnic Armenian from Azerbaijan she is most likely stateless, and would not be able to get assistance from the authorities in obtaining a birth certificate. The Court upheld the administrative decision to deny naturalisation, as not sufficient evidence was provided that it was in fact impossible for the applicant to obtain a birth certificate in her country of origin.
The applicants are ethnic Armenians from Azerbaijan, and claim to be stateless. The applicants applied for naturalisation, which was denied to them on the basis that their identity could not be adequately established, as they neither submitted a valid travel document nor a valid birth certificate from Azerbaijan, and the Dutch municipality records did not formally recognise them as stateless.The Court upheld the administrative decision.
The applicant, a stateless Palestinian, was denied naturalisation in the Netherlands as he could not submit a legalised copy of his birth certificate, even though he did comply with all other requirements for obtaining Dutch nationality. He argued that it is not feasible for him to obtain a birth certificate from Israel, and submitted supporting statements from the formal Palestinian Delegation in the Hague, but neither the authorities nor the courts were convinced, and his naturalisation request remained denied, leaving him stateless.
A stateless applicant attempted to naturalise in the Netherlands, but her request was rejected due to a minor criminal offence she committed less than 4 years prior to applying for naturalisation. She argued that her statelessness, along with a number of other mitigating circumstances of her case, should have been taken into account by the authorities to exercise the discretion to grant her Dutch nationality, but the Court upheld the administrative authorities' decision to deny naturalisation, leaving the applicant stateless.
When naturalising in the Netherlands the applicant committed to renouncing his original nationality. The Dutch authorities have withdrawn his naturalisation as he missed the deadline for renunciation, but by then the applicant had already taken steps to renounce his original nationality, albeit after the deadline, thus leading to the decision of the Dutch authorities potentially rendering him stateless. The Court considered the direct effect of ECN in the Dutch legal order, as well as whether the applicant’s case amounted to fraudulent acquisition of nationality, which would potentially justify rendering him stateless under the ECN. The Court ordered the authorities to take a new decision, which takes into the account the developments that took place after the deadline, and referring to the risk of statelessness.
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.
The case concerns the prospect of deportation of a stateless Palestinian to Lebanon, and the justifiability of immigration detention. The Court ruled that because there is evidence that the Lebanese authorities are willing to issue laissez-passers to both documented and undocumented Palestinians, and the talks between the authorities of the Netherlands and Lebanon are pending, there is a prospect of deportation of the applicant, and the detention is therefore justified.
The applicant faces imprisonment for presence in the Netherlands, after he has been informed that a "declaration of undesirability" has been issued against him. His statelessness claim fails in Court, as his statelessness cannot be plausibly assumed. However, the Court does find that the decision to detain has to be better motivated in light of the EU Returns Directive, ensuring that the processes prescribed by the Directive have been completed.
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. The legislative proposal on statelessness of 20146 is mentioned by the Ministry in its arguments.
The case concerns withdrawal of Dutch nationality from the applicant on the basis of fraud, which left the latter stateless. The fraud consisted of the fact that the applicant's relationship with his partner, which was the basis for the legality of his residence, was not exclusive at the time when he renewed his residence permit and applied for Dutch citizenship. Has it been known to the authorities that the relevant relationship was not exclusive, he would not have qualified for a legal residence permit, nor Dutch nationality, therefore the acquisition of nationality was classified as fraudulent and withdrawn.
The case concerns a child born in the Netherlands to an undocumented mother of Chinese origin. The child is registered in the municipal records as having an "unknown" nationality. The mother attempts to register him as "stateless" to strengthen his claim to Dutch citizenship, but cannot meet the high standard of proof set by the municipality for registering statelessness. The Court sides with the municipality in this case, but implies that the legislator ought to establish a statelessness determination procedure in the Netherlands.
Applicant was born in Macedonia and lived in the Netherlands for 38 years. His path to naturalisation was inhibited by the registration of his nationality status as "unknown" in the municipal records, which he requested to change to "stateless", arguing that he has never acquired the Macedonian nationality. The Council of State sided with the municipality that denied the request, maintaining that it has not been "irrefutably established" that the applicant is not a Macedonian national. The judgment refers to the Dutch legislative initiative on the statelessness determination, implying that it is needed, and that the municipal registry is not a statelessness determination procedure.
Request to have nationality changed from "unknown" to "stateless" denied, as it cannot be ruled out that the applicant's father has Macedonian nationality. Applicant did not provide enough evidence to determine statelessness.
After twice being denied a residence permit, the applicant initiated civil proceedings against the Dutch state to obtain a declaratory judgment that the applicant is stateless. The District Court of The Hague considers, citing three cases from the European Court of Human Rights, that the determination of statelessness is not a fundamental right under art. 8 ECHR and there is no obligation for the country of residence to determine whether someone is stateless, if foreign authorities (such as the country of origin) refuse to grant nationality or acknowledge the applicant as a citizen. If fundamental rights can be safeguarded through a different procedure, there is no violation of art. 8 ECHR.
The author of the communication fled with her family from Uzbekistan to the Netherlands. After their asylum application got denied by the Dutch authorities, she was told that she had lost her Uzbek citizenship because she had not registered with the Uzbek Embassy within five years of leaving the country. Various application for social and child benefits got rejected by various national courts. The author maintains that she has exhausted domestic remedies with regard to her claims of violations of her right to family life and non-discrimination and of the rights of her child. The author submits that,by denying her application for a child budget, the State party violated her and Y’s rights under articles 23(1), 24(3) and 26, read in conjunction with articles 23(1) and 24(1), of the Covenant, as well as Y’s rights under article 24(1) including minors. In light of the level of vulnerability of the child and the inability of the mother to provide for the child, the Committee concluded that the State party has the obligation to ensure the child's physical and psychological well-being are protected. By not doing so, the State violated the child's rights under article 24(1).