The claimant, born in a refugee camp in Western Sahara, asserted he is a stateless person within the meaning of article 1(a) of the 1954 UN Convention relating to the Status of Stateless Persons (although he never made a formal statelessness application) and alleged that he was unlawfully detained under immigration powers, pending deportation. The Secretary of State attempted to obtain an emergency travel document for the claimant from various foreign authorities, yet delays were encountered. The claimant was detained throughout but it was held that the Secretary of State was acting with reasonable diligence, the decision to detain the claimant was not unlawful considering the circumstances and there was a reasonable prospect of removal during the period of detention. The claimant was a persistent absconder with multiple convictions, had been assessed as posing a high risk of harm to the public, and these factors weighed against him when assessing what was a reasonable period of detention.
This case concerned an appeal as to whether an applicant for subsidiary protection may be considered both as a national of a third country and a stateless person simultaneously under the European Communities (Eligibility for Protection) Regulations 2006 and the Qualification Directive. The Court held that a person who is a national of a state is not a stateless person and that such state or country is his country of origin in relation to which his application must be primarily decided.
The court stated that “not admitting applicants for statelessness status to an asylum seekers' accommodation centre is an unlawful action” and the applicants should be admitted to an accommodation centre until a decision is made on their applications for recognition as a stateless person. The case was argued based on an analogy with the asylum procedure, as the reference to stateless persons is currently in the Czech Asylum Act.
The applicant is a stateless Palestinian from Lebanon, who was denied statelessness status recognition as he was found to fall under the exclusion grounds of the 1954 Convention, even after leaving the territory under UNRWA mandate.
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 is a Palestinian from Syria, who holds a refugee status in Hungary. He also applied for a recognition as a stateless person in Luxembourg. The Court found that the 1954 Statelessness Convention was conceived as complementary to the Refugee Convention. Since the applicant as a refugee in Hungary received at least as good a protection as a Palestinian in an UNRWA protected territory, the latter category being explicitly excluded from the protection scope of the 1954 Convention, the applicant did not qualify for the recognition of a statelessness status in Luxembourg.
The applicant is a Syrian Kurd, who fled to Austria in 2011. Just after he left, Syria passed a Decree that would have allowed the applicant to acquire Syrian nationality. The applicant was thus deemed to have been able to acquire Syrian nationality, even if he hasn’t done that, and therefore was not entitled to a stateless status.
Applicants requested to be recognised as stateless in addition to having already been recognised as refugees. The judgments deals with the question of whether refugee status is comparable in rights to the status of nationals within the meaning of the exclusion clause in Article 1(2) of the 1954 Convention. The Court sides with the applicants confirming their right to be recognised as stateless persons in addition to having been granted asylum-based residence status.
Applicant is a refugee from Vietnam, whose refugee status was withdrawn after a number of criminal convictions, combined with the fact that he made a safe trip to Vietnam. He applied for a travel document for foreigners claiming that he is stateless or at least that his nationality status is unclear. The authorities maintained that he was still a Vietnamese national, but the Court sided with the applicant, insisting that the authorities should have taken more factors into account in considering the applicant's potential statelessness.
The applicant was born in Iraq and formerly possessed Iraqi identity documents. After establishing permanent legal residence in Austria he applied for a travel document for foreigners on the basis that he has an "unclear nationality" status. The application was rejected without granting the applicant the right to an oral hearing. The Constitutional Court upheld the applicant's right to have an opportunity to explain his allegedly unclear nationality status in an oral hearing.
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 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 received asylum status as a stateless Palestinian, but his request to register his statelessness in the municipal civil records was rejected due to lack of evidence. He has an original UNRWA document and an ID from Lebanon, but they were considered insufficient proof of identity as well as of statelessness. The applicant complained that inability to affirm his statelessness violates his identity rights under article 8 ECHR, as well as his rights as a stateless person under EU law, both of which arguments didn't succeed.
The applicants are ethnic Armenians born in Azerbaijan. The case addresses extensively the situation of ethnic Armenians from Azerbaijan who left Azerbaijan before the fall of the USSR, and lived in Russia in the 90s. Their potential Armenian, Azerbaijani and Russian nationalities are considered. The Court also discusses the legal residence requirement for a travel document in accordance with the 1954 Convention, and finds that such a permit does not need to be of a permanent nature. Applicants are found stateless by the Court and entitled to a stateless persons travel document.
The applicant was born in 2011 in Germany to a German father and a stateless mother. Her birth certificate contained the disclaimer that the mother's identity is "unconfirmed", which the applicant and the parents appealed against, as the stateless mother was extensively documented among others with a travel document for stateless persons issued by Germany. The Court upheld the appeal, and ordered the civil registry to issue a new birth certificate without disclaimers as to the mother's identity.