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: 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: 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: 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: 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: 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 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. 

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

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. 

Court name: High Administrative Court of the Republic of Croatia
State: Croatia
Date of decision:

The applicant was born in Croatia in 1998 and has lived there ever since. His parents are citizens of Serbia, but the applicant's citizenship status remained unclear. His request for a permanent residence permit in Croatia was rejected, among others due to lack of a valid travel document, lack of means of subsistence, and lack of health insurance. The Court ordered the authorities to issue a new decision, taking into account the ECHR judgment in Hoti v. Croatia, and the applicant's potential statelessness which is related to widespread difficulties in confirming Serbian citizenship of individuals in a similar situation to the applicant. The applicant initiated a new administrative dispute and the Administrative Court in Rijeka ruled in his favour, however, on appeal, the High Administrative Court rejected the applicant’s request.

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

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.  

Court name: Federal Administrative Court (Bundesverwaltungsgericht)
Date of decision:

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. 

Court name: Constitutional Court of Austria (Verfassungsgerichtshof)
State: Austria
Date of decision:

The applicant was born in Austria to an Austrian mother and a father who was a refugee from Poland. The applicant argued that his father was stateless at the time of his birth (as this would lead to applicant being recognised as Austrian), and requested the authorities to accept his father's testimony as proof. The authorities concluded that the applicant's father was a Polish national solely on the basis of the Polish legislation, without evaluating the content of the testimony. The decision was declared unlawful on procedural grounds, as the testimony should have been taken into account. 

Court name: Constitutional Court of Austria (Verfassungsgerichtshof)
State: Austria
Date of decision:

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. 

Court name: Constitutional Court of Austria (Verfassungsgerichtshof)
State: Austria
Date of decision:

After having been born, having lived, worked and and paid taxes in Austria his whole life the applicant was told he is not entitled to unemployment benefits as he did not have a right to work in Austria. While he was granted Austrian nationality upon application, he argued that he was entitled to unemployment benefits also in the time frame between becoming unemployed and acquiring the nationality, invoking his statelessness, and lack of implementation of Statelessness Conventions by Austria. The Court denies direct applicability of the Statelessness Conventions in Austria, and rules against the applicant. 

Court name: Constitutional Court of Austria (Verfassungsgerichtshof)
State: Austria
Date of decision:

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.

Court name: Gent Court of Appeal
State: Belgium
Date of decision:

The applicant arrived in Belgium in 2000 from Kazakhstan. He claimed to have lost his Kazakh nationality on the basis of a Kazakh law providing for such loss in case of permanent residence abroad for over 3 years without registration at the consulate. The Court studied the relevant Kazakh legislation as well as the implementing Presidential Decree, and found that such loss is not automatic, but requires a decision of a competent authority instead, and therefore the applicant's statelessness was not sufficiently substantiated. 

Court name: Gent Court of Appeal
State: Belgium
Date of decision:

The applicant fled Kosovo in 1998, and during her asylum procedures in Belgium claimed to be a Yugoslav national, and had a Yugoslav passport as well as a birth certificate. In her statelessness determination process, the authorities and the Court found her to be uncooperative as she seemingly did not present all her identity documents to the embassy of Serbia and Montenegro with the aim of determining whether she is a Serbian national. 

Court name: Council of State of the Netherlands (Raad van State)
Date of decision:

The applicant is the mother of a stateless child born in the Netherlands, who applied for confirmation of Dutch nationality for her son. The application was rejected as the municipality neither considered it established that the child is stateless, nor that he has fulfilled the legal residence requirement. The applicant claimed that denial of confirmation of nationality for her son constitutes violations of article 8 ECHR, article 7 CRC and article 24 ICCPR, but those arguments failed in Court. The Court mentions the plans of the Dutch government to introduce a statelessness determination procedure. 

Court name: Council of State of the Netherlands (Raad van State)
Date of decision:

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. 

Court name: Schleswig-Holsteinisches High Regional Court
State: Germany
Date of decision:

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. 

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

The appellant requested that the decision of the Court of Appeal be overturned, and her stateless status be recognised.  The appeal raises 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 foreigners comparable to beneficiaries of international protection. The court recognised the stateless status of the applicant and overruled the decision of the Court of Appeal.

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

The applicant was born in the USSR, on the territory of contemporary Ukraine. He was denied stateless status in France on the basis that he did not make any efforts to get recognised as a national by either Ukraine or Russia. The Court upheld OFPRA's decision, ruling moreover that since the statelessness determination procedure is not aimed at granting residence rights, the applicant cannot rely on potential violations of articles 3 and 8 ECHR in case he is forced to return to Ukraine. 

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

The applicant was born in the former USSR in the Nagorno-Karabakh region - a contested territory between Azerbaijan and Armenia, and he is ethnically Armenian. He entered France illegally, where he applied for stateless status (after unsuccessful asylum applications), which was rejected by the OFPRA, on the basis that he did not make enough effort to obtain nationalities of either Azerbaijan or Armenia. The Court upheld the administrative decision denying applicant the stateless status.