After discovering that the applicant had omitted information when applying for Russian citizenship, his citizenship was annulled and an entry ban was enforced. In light of the far reaching consequences of this decision, and its apparent arbitrary nature, the Court held that the annulment interfered with the applicant's rights as guaranteed under Article 8 of the Convention. Furthermore, the expulsion of the applicant from Russian territory failed to respect the principle of proportionality, particularly given the lack of evidence of any threat to Russian national security posed by the applicant, thereby violating Article 8.
The State Secretary for Justice and Security has placed the Appellant under detention for the purpose of deportation. The Appellant refutes this claim, stating that he is stateless, so there is nowhere for him to go. The Court states that there can still be a prospect of deportation when the Appellant is stateless.
The Appellant is a stateless Palestinian who has applied for asylum in the Netherlands. The Appellant claims that Lebanon cannot be regarded as her country of usual residence. The court declares that Lebanon was rightly considered the Appellant’s country of usual residence and the exclusion provision of Article 1 (D) of the Refugee Convention applies.
The applicant brought an appeal challenging the constitutionality of s.19 of the Irish Nationality and Citizenship Act 1956, which governs the procedure by which revocation of naturalisation is determined. The fact that the Minister initiated the revocation process, appointed the committee charged with conducting the inquiry and then reached the final decision, was unconstitutional according to the applicant, as it breached the right to fair procedures. The Court held that s.19 was unconstitutional because it did not provide the procedural safeguards required to meet the high threshold of natural justice applicable to a person facing such severe consequences, i.e. revocation of naturalisation.
The applicant originates from former Soviet Union, and has lived in Luxembourg since 2004, unsuccessfully applying for the recognition of a statelessness status on numerous occasions. His identity has never been confirmed, and there were doubts as to the credibility of his testimony stemming from his asylum procedures. The applicant claimed that after 15 years of inability to determine the country of destination for his removal the attempts at deportation should be terminated, and his statelessness recognised, especially considering his poor health condition.
The applicant moved to Ukraine in 2005 from Transnistria, a disputed territory of Moldova, and lived in Ukraine for 14 years with his long-term partner and her children and grandchildren, before receiving a deportation order to Moldova. He disputed the deportation order on the basis of being stateless, having no connection to Moldova, and having a family and private life in Ukraine that are protected under article 8 ECHR. The first two instance courts rejected the applicant's claim, but the Supreme Court of Administrative Cassation ruled in favour of the applicant on the basis of new evidence from the Consulate of Moldova confirming he is not a national of Moldova.