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.
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.
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).
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.
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.
The applicant was born in the Soviet Union on the territory of Russia. The facts as to where the applicant lived and when are disputed in the case. In 1999 he was issued a Ukrainian passport, but a court later established that the place and date of birth he indicated were not correct, and his passport was confiscated and destroyed. The authorities argued that the applicant ought to prove he never acquired Russian nationality or alternatively that he renounced his Russian nationality.
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.
The applicant is a Polish national, whose son was born in Belarus to a mother who is a national of Belarus. The applicant was originally not mentioned as a father on the birth certificate, but established his paternity through a court order in Poland, unfortunately missing the 12-months deadline since the birth of his son to be able to claim Polish nationality for his son. The Court comments on the applicability of Article 24 ICCPR, stating that it is not applicable since the child acquired Belarusian nationality, and implying that if the child would have been stateless Article 24 ICCPR may have resulted in an interpretation of the Polish law so as to remedy the child's statelessness.
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 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.
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 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.
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.
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.
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.
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.
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.
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 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.
The applicant acquired Austrian nationality in 1995 and renounced her former Turkish nationality in 1996 as a condition for retaining the Austrian nationality. In 2018 the Austrian authorities declared that she has no longer been an Austrian national since 1997 as it appeared that she voluntarily re-acquired her Turkish nationality at that time, which is a ground for automatic loss of Austrian nationality. The Court set aside the determination of loss of Austrian nationality as it did not carry out a proportionality test on the basis of the Tjebbes judgment.
The applicants are children born presumably in a surrogacy arrangement in Ukraine to two Austrian nationals. Even though the custody of the commissioning parents over the applicants was confirmed under the Austrian law, their parentage and consequently the Austrian nationality of the applicants was initially denied. The Court considered that the best interests of the child prevail in such a case over the prohibition of surrogacy under Austrian law, and confirmed the applicants' right to Austrian nationality.
The applicant received assurance of obtaining Austrian nationality if she renounces her Estonian nationality. After the renunciation, it appeared that the applicant committed two administrative offences related to her driving, which in addition to the eight she committed previously were considered as an indication of her no longer fulfilling the public order requirement for naturalisation. This resulted in the withdrawal of assurance of obtaining Austrian nationality, leaving the applicant stateless.
The applicant was issued an assurance that she will acquire Austrian nationality if she renounced her former Serbian nationality, which she did. However, after the assurance was issued the applicant committed a number of administrative offences, leading to the assurance being withdrawn after the renunciation of the former nationality has already taken place, resulting in the applicant's statelessness. The Court emphasised the constitutional significance of a letter of assurance of acquisition of nationality, and sided with the applicant.