The applicant, who is stateless, was fined for violating immigration rules, and an expulsion order was issued against him, with a detention in an immigration detention centre prior to the expulsion. The applicant appealed against the detention, but the Court found no reasons to question the lawfulness of detention, as the law allows to detain foreigners and stateless persons prior to their expulsion.
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 case concerns the prospect of deportation of a stateless Palestinian to Lebanon, and the justifiability of immigration detention. The Court ruled that because there is evidence that the Lebanese authorities are willing to issue laissez-passers to both documented and undocumented Palestinians, and the talks between the authorities of the Netherlands and Lebanon are pending, there is a prospect of deportation of the applicant, and the detention is therefore justified.
The applicant faces imprisonment for presence in the Netherlands, after he has been informed that a "declaration of undesirability" has been issued against him. His statelessness claim fails in Court, as his statelessness cannot be plausibly assumed. However, the Court does find that the decision to detain has to be better motivated in light of the EU Returns Directive, ensuring that the processes prescribed by the Directive have been completed.
This case concerns an applicant who sought to quash the decision of the respondent which refused to revoke a deportation order made in respect of the applicant. The respondent contended that the applicant had been untruthful throughout the asylum process about his nationality and was therefore not entitled to any relief, while the applicant contended that the applicant’s untruthfulness should not be a bar to relief as substantial grounds established that a real risk to the applicant's life or freedom was inevitable. The Court found in favour of the applicant and quashed the decision of the respondent refusing to revoke the deportation order.
The case originated in an application against the Republic of Bulgaria lodged by a stateless person of Palestinian origin, Mr Ahmed Jamal Auad, on 13 August 2010. He had obtained subsidiary international protection in Bulgaria, but later was served an expulsion order on national security grounds, detained for removal for 18 months and then released back in Bulgaria due to impossibility to implement the expulsion order. The judgment of the Court is particularly important with regard to the obligation of States to identify a destination country in removal orders: "In cases of aliens detained with a view to deportation, lack of clarity as to the destination country could hamper effective control of the authorities’ diligence in handling the deportation." (para.133).