- 3 results found
- Burden of proof
- 1954 Statelessness Convention
- Spain
- Clear
Court name: Supreme Court (Tribunal Supremo)
State: Spain
Date of decision:
Legal instruments: 1954 Statelessness Convention
Key aspects: Burden of proof, Determination/confirmation of nationality, Standard of proof, Stateless status and documentation, Statelessness determination
Saharawi refugees living in its camps have not explicitly or implicitly been recognised as Algerian nationals, by the Algerian Government. The applicant’s passport issued by the Algerian Government grants the status of a travel document. Specifically, it was granted to allow the applicant to travel for medical reasons. The applicant’s stateless status must be recognised.
Court name: Tribunal Supremo (Supreme Court)
State: Spain
Date of decision:
Legal instruments: 1954 Statelessness Convention, 1961 Statelessness Convention
Key aspects: Acquisition of nationality, Burden of proof, Standard of proof, State succession, Statelessness determination
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:
Legal instruments: 1954 Statelessness Convention, 1961 Statelessness Convention
Key aspects: Acquisition of nationality, Burden of proof, Standard of proof, State succession, Statelessness determination
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.