The applicant's Ukrainian nationality was withdrawn rendering him stateless, and subsequently a travel ban of 3 years was imposed on him due to a procedural violation of the border crossing rules. The applicant argued that the travel ban is disproportionate, that he enjoys lawful residence in Ukraine, has very close ties with Ukraine, and that the ban interferes with his right to challenge the deprivation of nationality which rendered him stateless in person in court.
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 Armenia and belongs to Yazidis minority. After many years of unlawful residence in Austria, and several unsuccessful attempts to deport him, he applied for a toleration permit, which was refused as he did not cooperate sufficiently with the authorities' attempts to obtain travel documents for him to travel to Armenia, and there is also a possibility he may be a Russian or a Ukrainian national. The Court sided with the applicant, stating that it was the authorities' responsibility to substantiate any presumed links between the applicant and a specific state, before the duty to cooperate could be imposed.
The applicant was born in Poland to a Vietnamese mother. When she was 9 years old a Polish citizen formally recognised her as his daughter, and the local authority subsequently confirmed that she is a Polish citizen by birth. She was growing up as a Polish citizen until another 8 years later the central government authorities invalidated the confirmation of nationality by the local authority, as according to the Polish Citizenship Law changes in parenthood can only lead to acquisition of Polish citizenship if they take place within 1 year of birth. The applicant's arguments related to article 8 ECHR, best interests of the child, as well as long-term presumption of Polish citizenship due to no fault of the applicant, although the court dismissed all arguments.