The applicant made several unsuccessful applications for asylum and other protection statuses in Luxembourg, before applying for a statelessness status. The latter was refused, as the Algerian consular authorities' statement concerning the applicant was interpreted as lack of confirmation of the applicant's identity, not a denial of Algerian nationality to him.
The applicant arrived in Belgium in 2000 from Kazakhstan. He claimed to have lost his Kazakh nationality on the basis of a Kazakh law providing for such loss in case of permanent residence abroad for over 3 years without registration at the consulate. The Court studied the relevant Kazakh legislation as well as the implementing Presidential Decree, and found that such loss is not automatic, but requires a decision of a competent authority instead, and therefore the applicant's statelessness was not sufficiently substantiated.
A Palestinian refugee in France applied for a statelessness status, which was rejected by OFPRA as it considered that the applicant falls under the exclusion grounds of Article 1(2) of the 1954 Convention. The Court annuls OFPRA's decision, stating that the applicant no longer enjoys the protection of UNRWA after having left the West Bank, and that the voluntary nature of his departure from UNRWA territory does not amount to him having voluntarily placed himself in the situation of statelessness.
When a Palestinian refugee has left the territory covered by UNRWA’s mandate, she or he does no longer benefit from that protection. Thus, she or he cannot be legitimately excluded from the Statelessness Convention.