Court name: Migration Court of Appeal
State: Sweden
Date of decision:

The case concerns the application of Article 12 of the Qualification Directive (recast Directive 2011/95) on the possibility for those whose support from United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) has ceased to obtain international protection. The main issue was the determination of which country had been the applicant’s habitual place of residence to examine the reasons for protection. In the applicant’s case, while he had lived in Syria for a significant length of time, his ties to Algeria were strong enough to permit the Court to find the latter to be his habitual place of residence and consequently the applicant’s appeal was dismissed as Algeria was found to be safe.

Court name: Austrian Constitutional Court (Verfassungsgerichtshof, VfGH)
State: Austria
Date of decision:

The case concerned the rejection of the asylum applications submitted by a single mother and her five minor children, who are stateless Palestinians from the Gaza Strip and were registered with UNRWA. The Constitutional Court found a violation of equal treatment among foreigners and held that the Federal Administrative Court had failed to recognise the applicants’ right to ipso facto protection as refugees, disregarded UNHRC’s assessment criteria for the Gaza Strip, and did not give sufficient consideration of the vulnerability of a mother mother and her five minor children.

Court name: High Court
State: Ireland
Date of decision:

The applicant, a citizen of Bhutan of Nepali ethnicity was refused asylum in Ireland as the tribunal held that the applicant was stateless and that his claim for refugee status was to be determined by reference to Nepal. The applicant sought for this decision to be quashed in that the Tribunal failed to consider the applicant’s risk of persecution in Bhutan. The Court dismissed the application holding that that the discriminatory and persecutory nature of a law depriving persons of nationality is not relevant to the determination of citizenship for the purposes of refugee status or statelessness.

Court name: Federal Supreme Court of Switzerland
Date of decision:

Applicants are two Syrian Kurds who entered Switzerland on Syrian passports and claimed asylum, but the asylum application was rejected. They subsequently claimed recognition as stateless persons, but that request failed too. 

Court name: Constitutional Court of Austria (Verfassungsgerichtshof)
State: Austria
Date of decision:

The applicant was born in Armenia and belongs to Yazidis minority. After many years of unlawful residence in Austria, and several unsuccessful attempts to deport him, he applied for a toleration permit, which was refused as he did not cooperate sufficiently with the authorities' attempts to obtain travel documents for him to travel to Armenia, and there is also a possibility he may be a Russian or a Ukrainian national. The Court sided with the applicant, stating that it was the authorities' responsibility to substantiate any presumed links between the applicant and a specific state, before the duty to cooperate could be imposed.

Court name: Nancy Administrative Court of Appeal
State: France
Date of decision:

The applicant was born in Syria, where he was involved in violence in the context of an armed conflict. During his life in France he was convicted if multiple crimes and served prison sentences. His application for the statelessness status was rejected for two reasons - firstly, he did not show sufficient efforts to obtain or confirm his Syrian nationality, and secondly he fell under the exclusion clauses of the 1954 Convention - the latter having been the reason for rejecting his asylum claim too. The Court upheld the administrative decision on both grounds.