Court name: Court of Justice of the European Union
State: Germany
Date of decision:

The Court held that it is not contrary to EU law for Member States to withdraw citizenship obtained by deception, even if the effect is to also withdraw citizenship of the Union, so long as the decision observes the principle of proportionality.

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

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.

Court name: Court of the Hague
Date of decision:

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: Council of State of the Netherlands (Raad van State)
Date of decision:

The case concerns a child born in the Netherlands to an undocumented mother of Chinese origin. The child is registered in the municipal records as having an "unknown" nationality. The mother attempts to register him as "stateless" to strengthen his claim to Dutch citizenship, but cannot meet the high standard of proof set by the municipality for registering statelessness. The Court sides with the municipality in this case, but implies that the legislator ought to establish a statelessness determination procedure in the Netherlands.

Court name: High Court of Justice, Queen's Bench Division
Date of decision:

A child (MK) was born in the UK in 2010 and her parents were both nationals of India. MK had made an application for registration as a British citizen. Paragraph 3 of Schedule 2 of the British Nationality Act 1981 requires that the child 'is and always has been stateless'. The key issue was whether, in order to be considered stateless, the child was required to have sought (and failed) to acquire the nationality of her parents. The Court determined that there was no requirement to have sought the nationality of the parents, and MK was, if she met the other relevant requirements, entitled to register as a British citizen, as she was and always had been stateless at the date of the relevant Home Office decision. Further, the Secretary of State could require an applicant to prove the relevant facts, but could not lawfully 'impose requirements that cannot, or practically cannot, be met'.

Court name: Tribunal Supremo (Supreme Court)
State: Spain
Date of decision:

Saharawi people who live in Algerian refugee camps do not have a nationality, therefore they are stateless and must be officially recognized as such.

Court name: Supreme Court (Tribunal Supremo)
State: Spain
Date of decision:

The case concerns a Saharawi woman who was not recognised as a stateless person by the Ministry of Interior, in a decision which was later upheld by the High Court. The Supreme Court overturned both the lower decisions.