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

The applicant is a dual Dutch/Moroccan national whose Dutch nationality was withdrawn on the basis of a criminal conviction for terrorist activities. The Court rejected the applicant's appeal, concluding, among others, that prevention of statelessness is a valid reason for differentiated treatment between those with a single and with multiple nationalities, and that withdrawal of nationality is not a punitive measure. Withdrawal of nationality in addition to the criminal sentence does not violate the principle that prohibits repeated punishments for the same action.  

Court name: District Court of The Hague
Date of decision:

The Appellant is a stateless Palestinian who has applied for asylum in the Netherlands. The Appellant claims that Lebanon cannot be regarded as her country of usual residence. The court declares that Lebanon was rightly considered the Appellant’s country of usual residence and the exclusion provision of Article 1 (D) of the Refugee Convention applies.

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: 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 Administrative Court
State: Ukraine
Date of decision:

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. 

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. 

Court name: Administrative Court in Split
State: Croatia
Date of decision:

In 2012, the applicant received a guarantee that he would receive Croatian citizenship if he would renounce his UK nationality, and he proceeded with the renunciation. In 2013, criminal proceedings against the applicant were initiated, and his naturalisation application was thus postponed and subsequently, after the criminal conviction, rejected - leaving him stateless. The Court ruled against the applicant, finding that naturalisation is a discretionary power of the state and not a right of an individual, and that all the naturalisation requirements, including renunciation of previous nationality and lack of criminal record, need to be met cumulatively for a successful naturalisation.

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

The applicant attempted to obtain Montenegrin nationality for himself and his two minor children through naturalisation. The requests were rejected, as the applicant did not fulfil all the naturalisation requirements. However, with regard to the children, the Court ruled that even though their parent's naturalisation failed, their entitlement to the Montenegrin nationality should be explored on the basis of acquisition at birth, as the children are otherwise stateless, and annulled the part of the administrative decision related to the children on the basis of insufficient reasoning. 

Court name: Vienna Administrative Court
State: Austria
Date of decision:

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. 

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

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. 

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

The applicant is a dual Moroccan-Dutch nationality, whose Dutch nationality was withdrawn as a consequence of his involvement in a terrorist organisation. The applicant argued that the legal ground for withdrawing nationality only affects dual nationals, who are almost always Dutch nationals with a non-Western background, and thus constitutes discrimination prohibited by the ECHR. The Court ruled that prevention of statelessness is a sufficient and objective justification of this distinction, and the distinction is therefore justified. 

Court name: Court of Cassation, Civil Chamber
State: France
Date of decision:

The applicant was born in Madagascar and considered himself a French national, as he held French identity documents. However, his registration of French nationality was refused in 2005. He requested to be recognised as a French national, and submitted a number of arguments, among which his statelessness that would result from the refusal to recognise him as French. The Court dismisses his entitlement to French nationality.

Court name: Supreme Administrative Court
State: Ukraine
Date of decision:

Applicant's Ukrainian nationality was withdrawn on the basis of voluntary acquisition of Canadian nationality. The applicant argued, among others, that he was not a Canadian national at the time of withdrawal of his Ukrainian nationality, and that he became stateless as a result of the withdrawal. Court dismissed his arguments as he did not provide sufficient evidence as to the circumstances of loss of his Canadian nationality.

Court name: Court of Appeal (Civil Division)
Date of decision:

This case, heard first before the First-tier Tribunal (Immigration and Asylum Chamber) (the “First-tier Tribunal”) followed by the Upper Tribunal (Immigration and Asylum Chamber) (the “Upper Tribunal”), concerned the Secretary of State for the Home Department’s decision under section 40(3) of the British Nationality Act 1981 (the “1981 Act”) to deprive the appellant of his British citizenship granted on 11 December 2007 on the ground that, in his application, the appellant had deliberately concealed the fact that he had earlier obtained a grant of British citizenship using false details. 

Before the Court of Appeal, the key issues to be determined were (i) on whom the burden of proof lay to prove that the appellant would be stateless if deprived of British citizenship, and (ii) whether the Upper Tribunal had correctly determined that the First-tier Tribunal’s failure to consider the issue of the appellant’s statelessness was immaterial.

Court name: Court of the Hague
Date of decision:

A child is born in the Netherlands in 2016, and has resided there since, without a legal residence permit. A request was made on behalf of the child to determine that he has Dutch nationality, on the basis of direct application of article 1 of the 1961 Convention, as he would otherwise be stateless. The Court refuses, as it considers this to be a question of granting Dutch nationality, and not of determination of Dutch nationality, which the Court is not empowered to do. The legislative proposal on statelessness of 20146 is mentioned by the Ministry in its arguments. 

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

The case concerns a child born in the Netherlands to an undocumented mother of Chinese origin. The child is registered in the municipal records as having an "unknown" nationality. The mother attempts to register him as "stateless" to strengthen his claim to Dutch citizenship, but cannot meet the high standard of proof set by the municipality for registering statelessness. The Court sides with the municipality in this case, but implies that the legislator ought to establish a statelessness determination procedure in the Netherlands.

Court name: Administrative Jurisdiction Division from the Council of State
Date of decision:

Request to have nationality changed from "unknown" to "stateless" denied, as it cannot be ruled out that the applicant's father has Macedonian nationality. Applicant did not provide enough evidence to determine statelessness.

Court name: Federal Administrative Court
State: Germany
Date of decision:

Germany’s highest administrative court decides on a case in which stateless minors (the applicants) were granted German nationality. The applicants’ parents applied for their nationality using false information, namely that the family would originate from Lebanon instead of Turkey. The Court held that the withdrawal of nationality is only valid if done promptly, i.e. within a maximum of five years after the nationality has been granted.

Court name: High Court of Justice, Queen's Bench Division
Date of decision:

A child (MK) was born in the UK in 2010 and her parents were both nationals of India. MK had made an application for registration as a British citizen. Paragraph 3 of Schedule 2 of the British Nationality Act 1981 requires that the child 'is and always has been stateless'. The key issue was whether, in order to be considered stateless, the child was required to have sought (and failed) to acquire the nationality of her parents. The Court determined that there was no requirement to have sought the nationality of the parents, and MK was, if she met the other relevant requirements, entitled to register as a British citizen, as she was and always had been stateless at the date of the relevant Home Office decision. Further, the Secretary of State could require an applicant to prove the relevant facts, but could not lawfully 'impose requirements that cannot, or practically cannot, be met'.

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

Saharawi people who live in Algerian refugee camps do not have a nationality, therefore they are stateless and must be officially recognized as such.

Court name: Sofia City Administrative Court
State: Bulgaria
Date of decision:

The case concerns the appeal by the stateless person from Kuwait, Mr. Sager Al-Anezi, against the decision of the asylum authorities in Bulgaria to reject his application for international protection as manifestly unfounded under a fast-track procedure carried out while Mr.Al-Anezi was placed in detention for removal. By a final judgment, the Sofia City Administrative Court allowed the appeal of Mr. Al-Anezi. The court judgment contains inter alia detailed analysis on the significance of the right to nationality as a fundamental human right; the application of the 1951 Convention relating to the Status of Refugees to stateless persons and the situation of Bidoon in Kuwait.

Court name: UK Supreme Court
Date of decision:

An appeal as to whether the Secretary of State was precluded under the British Nationality Act 1981 from making an order depriving the appellant of British citizenship because to do so would render him stateless. 

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

The case concerns a Saharawi woman who was not recognised as a stateless person by the Ministry of Interior, in a decision which was later upheld by the High Court. The Supreme Court overturned both the lower decisions.

Court name: District Court Zwolle (Rechtbank Zwolle)
Date of decision:

Confirmation of acquisition of Dutch nationality was wrongly refused. The court is of the opinion that the provisions from the Statelessness Convention must be regarded as provisions of international law binding on everyone, as referred to in Article 94 of the Constitution. This means that the admission requirement (of 3 years) set by the defendant is contrary to article 1 of the Convention.