The applicant appplicant was born in Russia and renounced his Russian nationality in 2000. He applied for a statelessness status in Luxembourg in 2008, but it was discovered that he had applied for asylum status in the Netherlands in 2006, which was rejected, so Luxembourg transferred the applicant to the Netherlands under the Dublin regulation. The applicant returned several times to Luxembourg and was sent back to the Netherlands. He made a repeated application for statelessness status in 2014, where the courts accepted his argument that statelessness status determination doesn't fall within the scope of the Dublin regulations, and the court also accepted that his voluntary renunciation of Russian nationality does not exclude him from protection under the 1954 Convention.
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.
Applicant is a refugee from Vietnam, whose refugee status was withdrawn after a number of criminal convictions, combined with the fact that he made a safe trip to Vietnam. He applied for a travel document for foreigners claiming that he is stateless or at least that his nationality status is unclear. The authorities maintained that he was still a Vietnamese national, but the Court sided with the applicant, insisting that the authorities should have taken more factors into account in considering the applicant's potential statelessness.
The judgment relies on earlier Constitutional Court judgments that have established that stateless persons who lost their nationality involuntarily and demonstrated that they do not have the right to permanent legal residence elsewhere should get residence rights in Belgium on an equal footing with refugees, and that the necessary national legislation is lacking to give effect to such rights. The applicant has a criminal record and was denied residence rights on that basis, but the Court ruled that criminal convictions are irrelevant for his residence rights, and ordered authorities to regularise his residence until new legislation comes to force that regulates the stateless persons' right to residence.
The applicant was born in China and is of Tibetan origin. He fled China to Nepal, and then made his way to Belgium through India on a fake passport. His asylum applications failed, he has been detained with a view to deportation to China, but had been released due to the Chinese authorities not issuing the necessary documents. The applicant also unsuccessfully attempted to organise voluntary return through IOM, contacting authorities of China, India, and Nepal. These facts convinced the Court to recognise the applicant as stateless.