The applicant is a dual Dutch/Moroccan national whose Dutch nationality was withdrawn on the basis of a criminal conviction for terrorist activities. The Court rejected the applicant's appeal, concluding, among others, that prevention of statelessness is a valid reason for differentiated treatment between those with a single and with multiple nationalities, and that withdrawal of nationality is not a punitive measure. Withdrawal of nationality in addition to the criminal sentence does not violate the principle that prohibits repeated punishments for the same action.
A family of three applicants, who came to Latvia under the former Soviet Union, were denied permanent resident status following its independence and offered short term residence status and registration on the domestic register of residents. The second and third applicants have Russian nationality, while the first applicant has no nationality. Following complaints of their Article 8 and Article 34 rights being violated, it was held that Article 8 cannot guarantee the right to a particular type of residence permit.
Eight applicants some of whom were stateless and others were nationals of former-Yugoslavian failed to request or were refused Slovenian citizenship, following its independence.Their names were “erased” from the Register of Permanent Residents, resulting in them becoming aliens without residence permits. The Court held that the domestic legal system had failed to clearly regulate the consequences of the “erasure”, resulting in a violation of Article 8(2), 14, and 13.
An applicant born to a British mother and Maltese father was denied Maltese citizenship on the basis that the domestic legislation was only applicable to children born out of wedlock, if their mother was Maltese. The Court held there were no reasonable grounds for the difference in treatment and found this to be a violation of Article 14 of the Convention in conjunction with Article 8.
The appellant is a former USSR national, living in Latvia. The case is concerned with whether Latvia’s refusal of citizenship to a person who had criticised the Government, constituted a punitive measure in violation of that individual’s rights to freedom of expression under Article 10 and freedom of assembly and association under Article 11. The Court found no violation of articles 10 and 11 as the denial of citizenship did not affect the appellant’s relevant rights. Contrary, it highlighted that there is no “right to a nationality” under the Convention, and no provision of Latvian law indicates the appellant’s right to Latvian citizenship.
The judgment is an answer to a general legal question as to whether Polish law allows the incorporation of foreign birth certificates where parents are of the same sex. The question was prompted by the authorities' refusal to transcribe into Polish law the foreign birth certificate of a child born to two mothers, both of whom are Polish nationals. The applicant argued that since lack of a transcribed birth certificate inhibits her child's access to a Polish passport, it in practice leads to a situation that is identical to statelessness.
The applicant was born in the US, and his birth certificate indicated a Polish national as the father, and an unknown surrogate mother as the mother. Polish authorities refused to confirm the applicant acquired Polish nationality at birth as a child of a Polish parent, because the birth certificate is against the Polish public order, in particular the prohibition of surrogacy. The courts ruled in favour of the applicant, stating that confirmation of his Polish nationality on the basis of the birth certificate does not amount to validation of surrogacy.
The applicant's naturalisation request was denied due to a criminal record, even though he has resided in Luxembourg for decades and is a stateless person. The Court rules that the principle of avoidance of statelessness does not prevent States from setting conditions on access to naturalisation even for stateless persons.
The applicant was born in 1974 to an Iranian father and Austrian mother, and by virtue of the laws applicable at the time only acquired Iranian nationality. Austrian nationality was granted to him by a court decision in 1981. He later moved to the US where he wishes to naturalise, and requested permission from Austria to retain Austrian nationality. Such permission, however, can only be granted to nationals by birth. The Court found a violation of the principle of equality of treatment among nationals.
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 is a dual Moroccan-Dutch nationality, whose Dutch nationality was withdrawn as a consequence of his involvement in a terrorist organisation. The applicant argued that the legal ground for withdrawing nationality only affects dual nationals, who are almost always Dutch nationals with a non-Western background, and thus constitutes discrimination prohibited by the ECHR. The Court ruled that prevention of statelessness is a sufficient and objective justification of this distinction, and the distinction is therefore justified.
The applicant was born abroad to two Polish mothers, and acquired Polish nationality on the basis of at least one of his parents being Polish. However, he was unable to access Polish identity documents, for which a transcription of a foreign birth certificate into the Polish legal order is required - the latter being denied as the concept of two mothers contradicts the fundamental principles of Polish legal order. The Court ruled in favour of the applicant, relying heavily on national and international children's rights norms.
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 Federal Fiscal Court decided that on a case in which a stateless person applied for child benefits from the German government. The Court held that neither Art. 24 nor Art. 29 of the 1954 Statelessness Convention provide for a right to claim child benefit and that this ruling is not unconstitutional.