Saharawi refugees living in its camps have not explicitly or implicitly been recognised as Algerian nationals, by the Algerian Government. The applicant’s passport issued by the Algerian Government grants the status of a travel document. Specifically, it was granted to allow the applicant to travel for medical reasons. The applicant’s stateless status must be recognised.
The applicant was born in the USSR, on the territory of contemporary Ukraine. He was denied stateless status in France on the basis that he did not make any efforts to get recognised as a national by either Ukraine or Russia. The Court upheld OFPRA's decision, ruling moreover that since the statelessness determination procedure is not aimed at granting residence rights, the applicant cannot rely on potential violations of articles 3 and 8 ECHR in case he is forced to return to Ukraine.
The applicant lost her Khazakh nationality by operation of law due to not having registered with Khazakh consular authorities within 3 years of her departure. In these three years she had an asylum claim pending in France, and therefore could not have been expected to contact Khazakh authorities. OFPRA rejected her application for stateless status as she did not demonstrate to have made sufficient efforts to regain her Khazakh nationality.