Court name: Court of Justice of the European Union
State:
Date of decision:

The case concerns the interpretation of Article 12(1)(a) of Directive 2011/95/EU (hereafter recast Qualification Directive).

The applicant requested international protection in Germany as he no longer had access to protection from the UNRWA in Syria.

The national Court referred 5 questions to the CJEU to determine whether the applicant satisfied the conditions under Article 12(1) according to which, in essence, if the protection or assistance from UNWRA has ceased for any reason, without the position of persons receiving that protection or assistance being definitely settled, those persons are ipso facto entitled to the benefits of Directive 2011/95.  

Court name: Administrative Court of Appeal of Nantes
State: France
Date of decision:

The applicant is from Western Sahara and identifies as a Sahrawi, a territory occupied by Morocco. Having fled to France, he  argued that he should qualify as a stateless person even though his birth certificate indicates that he has Moroccan nationality. He argued that this matter should be referred to the CJEU for a preliminary ruling. 

Court name: Administrative Court of Appeal of Bordeaux
State: France
Date of decision:

The applicant asked to be granted the status as a stateless person in France, however both the OFPRA (French bureau for the protection of refugees and stateless persons) and the Courts denied him this status on the grounds that he did not take sufficient steps to request nationality from the Armenian authorities. He also argued that people from Azerbaijan face discrimination and are often refused Russian nationality, even when they may be able to benefit from it. The Court concluded that no discrimination exists and the applicant failed to take steps to obtain Russian nationality.  

Court name: European Court of Human Rights
State: Hungary
Date of decision:

The applicant, a stateless person residing in Hungary, faced protracted difficulties in regularising his legal situation, being eventually recognised as stateless after fiften years' residence. During thirteen of those years, the applicant had no legal status in Hungary and was entitled to neither healthcare nor employment, nor was he able to marry.  The Court held that Hungary had not complied with its positive obligation to provide an effective and accessible procedure enabling the applicant to have his status in Hungary determined with due regard to his private-life interests under Article 8 of the Convention and that there had been a violation of that Article. 

 

 

Court name: Federal Administrative Court of Switzerland
Date of decision:

The complainant, a Syrian Kurd with provisional refugee status in Switzerland, applied for recognition as stateless. Her application was rejected on the grounds that a) she was entitled to Syrian nationality and b) she was already protected by the Refugee Convention. On appeal, the court held that the complainant was entitled to apply for recognition as stateless notwithstanding her status as a refugee and that, since the complainant would have to travel to Syria to claim nationality there, she had adequate reasons for not claiming the nationality to which she had an entitlement and could be recognised as stateless. 

Court name: Human Rights Committee
Date of decision:

The Dutch requirement that a child provide proof of lack of nationality in order to be recognised as stateless was a violation of Art 24 ICCPR. As a person registered with 'unknown nationality' the child could not benefit from international protections afforded to stateless children, including the right to acquire the nationality of the State in which they are born.

Court name: Court of Justice of the European Union
State: Germany
Date of decision:

The Court held that it is not contrary to EU law for Member States to withdraw citizenship obtained by deception, even if the effect is to also withdraw citizenship of the Union, so long as the decision observes the principle of proportionality.

Court name: European Court of Human Rights
State: Latvia
Date of decision:

The applicant was previously a national of the former USSR, before becoming a “permanently resident non-citizen” of Latvia, where she moved at age 12. Her case is concerned with the deprivation her of pension entitlements in respect of 17 years’ employment due to discriminatory reasons regarding her lack of Latvian nationality. The Court ruled that there had been a violation of the applicant’s rights under Article 14 taken in conjunction with Article 1 of Protocol No. 1 and Article 6 § 1 of the Convention.

Court name: Supreme Court (Tribunal Supremo)
State: Spain
Date of decision:

The initiation of the procedure for the recognition of statelessness status does not require the applicant to be in the national territory, it is sufficient for the applicant to be at a border point.

Court name: European Court of Human Rights
State: Latvia
Date of decision:

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.

Court name: European Court of Human Rights
Date of decision:

The applicant of Roma origin was denied a residence permit to the Netherlands on the basis of the applicant’s husband failing to meet the requirements under domestic immigration rules and because of the applicant’s multiple convictions. The Court held the Contracting State had struck a fair balance between the applicant’s Article 8 rights and its own interests in regulating its immigration.

Court name: Turin Court of First Instance (Tribunale Ordinario di Torino)
State: Italy
Date of decision:

The applicant was a former asylum seeker, who in 2016 was awarded humanitarian protection by the Territorial Commission of Turing, in recognition to the risk of becoming stateless. The applicant could not obtain citizenship under neither the Ivorian nor the Malian law. For this reason, the Turin Court of First Instance recognised the stateless status of the applicant, under Art.1 of the Convention relating to the Status of Stateless Persons (1954 Convention).

Court name: Supreme Court (Corte Suprema di Cassazione)
State: Italy
Date of decision:

The Ministry of Interior requested for the decision concerning the recognition of the respondent’s stateless status, be overturned. The case on appeal raised two points of principle: first, the burden of proof applicable to the determination of whether a person qualifies for stateless status, as defined in the 1954 Convention; and secondly, the consideration of stateless persons as a particular category of aliens comparable to beneficiaries of international protection. The Supreme Court overruled the Court of Appeal’s previous decision and ordered the Tribunal for a new assessment of the applicant’s status.

Court name: Supreme Court (Corte Suprema di Cassazione)
State: Italy
Date of decision:

The appellant faced deportation even though her stateless status was de facto recognised. For this reason, the appellant requested that the Justice of Peace’s decision be overturned, and for her stateless status to be recognised. The Supreme Court recognised the applicant’s stateless status and overruled the Justice of Peace’s decision.

Court name: High Court
State: Ireland
Date of decision:

The applicant, a citizen of Bhutan of Nepali ethnicity was refused asylum in Ireland as the tribunal held that the applicant was stateless and that his claim for refugee status was to be determined by reference to Nepal. The applicant sought for this decision to be quashed in that the Tribunal failed to consider the applicant’s risk of persecution in Bhutan. The Court dismissed the application holding that that the discriminatory and persecutory nature of a law depriving persons of nationality is not relevant to the determination of citizenship for the purposes of refugee status or statelessness.

Court name: High Court
State: Ireland
Date of decision:

The applicant is a child who was born in Ireland to a Cameroonian mother and a Ghanaian father, it was asserted that the child was stateless. The Refugee Appeal Tribunal denied the child applicant refugee status and the applicant requested a judicial review of the tribunal’s decision. The application centred around the tribunals alleged wrongful reliance on the applicant’s right to acquire citizenship in Ghana and Cameroon. The application for judicial review was ultimately unsuccessful.

Court name: Supreme Court
State: Ireland
Date of decision:

The applicant brought an appeal challenging the constitutionality of s.19 of the Irish Nationality and Citizenship Act 1956, which governs the procedure by which revocation of naturalisation is determined. The fact that the Minister initiated the revocation process, appointed the committee charged with conducting the inquiry and then reached the final decision, was unconstitutional according to the applicant, as it breached the right to fair procedures. The Court held that s.19 was unconstitutional because it did not provide the procedural safeguards required to meet the high threshold of natural justice applicable to a person facing such severe consequences, i.e. revocation of naturalisation.

Court name: Court of Appeal
State: Ireland
Date of decision:

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.

Court name: Supreme Court (Tribunal Supremo)
State: Spain
Date of decision:

Saharawi refugees living in its camps have not explicitly or implicitly been recognised as Algerian nationals, by the Algerian Government. The applicant’s passport issued by the Algerian Government grants the status of a travel document. Specifically, it was granted to allow the applicant to travel for medical reasons. The applicant’s stateless status must be recognised.

Court name: Supreme Court (Tribunal Supremo)
State: Spain
Date of decision:

The applicant, of Palestinian origin, applied for stateless status, arguing that Spain does not recognise Palestine as a State. The Supreme Court rejected her application arguing that many countries in the international community recognise Palestine as a state, implying that Palestine provided the applicant with protection.

Court name: Municipal Court Prague
Date of decision:

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. 

Court name: Supreme Court
Date of decision:

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. 

Court name: Administrative Court of Luxembourg
State: Luxembourg
Date of decision:

The applicant was born in South Africa, and subsequently lived in Zimbabwe and Spain before arriving to Luxembourg, where he applied for the recognition of his statelessness status. The request was initially refused by the authorities since the applicant was not residing legally in Luxembourg at the time he submitted the application, but the courts ruled in applicant's favour, finding that the applicants residence status in Luxembourg is irrelevant for establishing whether he is stateless. 

Court name: Administrative Court of Luxembourg
State: Luxembourg
Date of decision:

The applicant made several unsuccessful applications for asylum and other protection statuses in Luxembourg, before applying for a statelessness status. The latter was refused, as the Algerian consular authorities' statement concerning the applicant was interpreted as lack of confirmation of the applicant's identity, not a denial of Algerian nationality to him. 

Court name: Administrative Court of Luxembourg
State: Luxembourg
Date of decision:

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.