- 2 results found
- 2019
- Statelessness determination
- 1961 Statelessness Convention
- National
- Clear
Court name: Court of the Hague
State: Netherlands
Date of decision:
Legal instruments: 1961 Statelessness Convention, 1997 European Convention on Nationality
Key aspects: Acquisition of nationality, Childhood statelessness, Determination/confirmation of nationality, Residence permit, Statelessness determination
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.
Court name: Administrative Jurisdiction Division from the Council of State
State: Netherlands
Date of decision:
Legal instruments: 1954 Statelessness Convention, 1961 Statelessness Convention
Key aspects: Determination/confirmation of nationality, Standard of proof, State succession, Statelessness determination
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.