The applicant was born in Austria to an Austrian mother and a father who was a refugee from Poland. The applicant argued that his father was stateless at the time of his birth (as this would lead to applicant being recognised as Austrian), and requested the authorities to accept his father's testimony as proof. The authorities concluded that the applicant's father was a Polish national solely on the basis of the Polish legislation, without evaluating the content of the testimony. The decision was declared unlawful on procedural grounds, as the testimony should have been taken into account.
If stateless individuals are not lawfully staying in the country, Contracting States may provide travel documents but the decision to grant them is discretionary, provided it is free from arbitrariness. A person applying for travel documents can be reasonably expected to return to their previous place of residence and apply for the nationality of their country of origin.