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 was born in Croatia in 1998 and has lived there ever since. His parents are citizens of Serbia, but the applicant's citizenship status remained unclear. His request for a permanent residence permit in Croatia was rejected, among others due to lack of a valid travel document, lack of means of subsistence, and lack of health insurance. The Court ordered the authorities to issue a new decision, taking into account the ECHR judgment in Hoti v. Croatia, and the applicant's potential statelessness which is related to widespread difficulties in confirming Serbian citizenship of individuals in a similar situation to the applicant. The applicant initiated a new administrative dispute and the Administrative Court in Rijeka ruled in his favour, however, on appeal, the High Administrative Court rejected the applicant’s request.
Applicants requested to be recognised as stateless in addition to having already been recognised as refugees. The judgments deals with the question of whether refugee status is comparable in rights to the status of nationals within the meaning of the exclusion clause in Article 1(2) of the 1954 Convention. The Court sides with the applicants confirming their right to be recognised as stateless persons in addition to having been granted asylum-based residence status.
After having been born, having lived, worked and and paid taxes in Austria his whole life the applicant was told he is not entitled to unemployment benefits as he did not have a right to work in Austria. While he was granted Austrian nationality upon application, he argued that he was entitled to unemployment benefits also in the time frame between becoming unemployed and acquiring the nationality, invoking his statelessness, and lack of implementation of Statelessness Conventions by Austria. The Court denies direct applicability of the Statelessness Conventions in Austria, and rules against the applicant.