The Dutch requirement that a child provide proof of lack of nationality in order to be recognised as stateless was a violation of Art 24 ICCPR. As a person registered with 'unknown nationality' the child could not benefit from international protections afforded to stateless children, including the right to acquire the nationality of the State in which they are born.
Five applicants of dual nationality, convicted in 2007 of participating in a criminal association in a terrorist context, were stripped of their French nationality in October 2015 by Prime Minister decrees. The Court held that the decision to forfeit the applicants’ French nationality did not have a disproportionate impact on their private lives and therefore was not in violation of Article 8 of the Convention.
The applicant was born in the US, and his birth certificate indicated a Polish national as the father, and an unknown surrogate mother as the mother. Polish authorities refused to confirm the applicant acquired Polish nationality at birth as a child of a Polish parent, because the birth certificate is against the Polish public order, in particular the prohibition of surrogacy. The courts ruled in favour of the applicant, stating that confirmation of his Polish nationality on the basis of the birth certificate does not amount to validation of surrogacy.
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.