The appellant, a child born to a Zimbabwean mother and Portuguese father, was not a recognised national of any country and consequently applied for limited leave to remain in the United Kingdom through paragraph 405 of the Immigration Rules. However, for paragraph 405 of the Immigration Rules to apply, individuals must also satisfy the conditions of paragraph 403, which include a requirement that individuals be inadmissible to any country other than the UK. The Court of Appeal affirmed the Upper Tribunal’s decision that JM was admissible to Zimbabwe and therefore did not qualify for limited leave to remain in the country under paragraph 405.
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.
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.
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.