Court name: Court of Justice of the European Union
State: Germany
Date of decision:
Legal instruments: 1961 Statelessness Convention, 1997 European Convention on Nationality, European Union law, Other international law, Universal Declaration of Human Rights (UDHR)
Key aspects: Acquisition of nationality, Deprivation of nationality, Determination/confirmation of nationality, Stateless status and documentation, Statelessness determination, Voluntary renunciation of nationality
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: Supreme Administrative Court
State: Ukraine
Date of decision:
Legal instruments: 1961 Statelessness Convention, 1997 European Convention on Nationality, European Convention on Human Rights (ECHR)
Key aspects: Burden of proof, Deportation and removal, Deprivation of nationality, Determination/confirmation of nationality, Residence permit, Respect for private and family life
The applicant's Ukrainian nationality was withdrawn rendering him stateless, and subsequently a travel ban of 3 years was imposed on him due to a procedural violation of the border crossing rules. The applicant argued that the travel ban is disproportionate, that he enjoys lawful residence in Ukraine, has very close ties with Ukraine, and that the ban interferes with his right to challenge the deprivation of nationality which rendered him stateless in person in court.