- 195 results found
The applicant faces imprisonment for presence in the Netherlands, after he has been informed that a "declaration of undesirability" has been issued against him. His statelessness claim fails in Court, as his statelessness cannot be plausibly assumed. However, the Court does find that the decision to detain has to be better motivated in light of the EU Returns Directive, ensuring that the processes prescribed by the Directive have been completed.
The applicant arrived to Poland from Ukraine shortly after the dissolution of the USSR. His application for facilitated naturalisation as a stateless person was rejected in 2010 as his statelessness was not evident. The state authorities presented evidence of applicant's Ukrainian citizenship which included a letter from Ukrainian consulate in Poland. The Court ruled that self-declaring as stateless does not have legal significance in the context of access to facilitated naturalisation, and held it against the applicant that he did not effectively challenge the state authorities' evidence of his Ukrainian nationality.
The applicant was born abroad to two Polish mothers, and acquired Polish nationality on the basis of at least one of his parents being Polish. However, he was unable to access Polish identity documents, for which a transcription of a foreign birth certificate into the Polish legal order is required - the latter being denied as the concept of two mothers contradicts the fundamental principles of Polish legal order. The Court ruled in favour of the applicant, relying heavily on national and international children's rights norms.
The applicant originates from Ukraine and enjoys legal residence rights in Poland. He has been identified as stateless on one of his residence identity cards issued in Poland, and has requested as a stateless person to be granted a Polish travel document for foreigners, which was denied to him on the basis that he did not provide proof that he is unable to obtain a travel document from his country of origin instead.
The applicant was born in Poland to a Vietnamese mother. When she was 9 years old a Polish citizen formally recognised her as his daughter, and the local authority subsequently confirmed that she is a Polish citizen by birth. She was growing up as a Polish citizen until another 8 years later the central government authorities invalidated the confirmation of nationality by the local authority, as according to the Polish Citizenship Law changes in parenthood can only lead to acquisition of Polish citizenship if they take place within 1 year of birth. The applicant's arguments related to article 8 ECHR, best interests of the child, as well as long-term presumption of Polish citizenship due to no fault of the applicant, although the court dismissed all arguments.
The applicant is a stateless Palestinian, whose naturalisation application was rejected based on the means of sustenance requirement. His dependants (wife and children) live in Jordan, where he is able to sustain them with his consistent employment in low-wage jobs - as undisputed by the authorities, and there was no indication of the family intending to relocate to Germany. The lower instance courts sided with the applicant that the hypothetical case of the family relocating to Germany need not be considered in the context of means of sustenance requirement, and the fact that the applicant never relied on social securities and has always been in gainful employment in Germany should be sufficient, but the Federal Administrative Court overruled those judgments and upheld the authorities decision to reject the applicant's naturalisation request, which left him stateless.
The case had been brought before the ECJ for a preliminary ruling, leading to its famous Rottman judgment (CJEU, C-135/08 Rottmann, judgment of 2 March 2010). The Federal Administrative Court rules on the case after the ECJ's judgment. The applicant lost his Austrian nationality when he naturalised in Germany, but his German naturalisation was later revoked as he committed fraud in the naturalisation procedure, rendering him stateless. The Federal Administrative Court upheld the administrative decision to withdraw the German nationality despite the uncertainty about the restoration of the Austrian nationality of the applicant.
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.
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.
The Supreme Court held that a passport issued by the Algerian authorities to a Saharawi person living at the refugee camps only serves as a travel document and does not confirm that the applicant has Algerian nationality. The applicant is stateless and must be officially recognised as such.
The applicant, a statelessness individual originally from Iran, is subject to a deportation order as a result of the commission of a criminal offence in Spain. The Spanish Supreme Court establishes that a criminal conviction is not sufficient to expel a stateless person on grounds of national security and revokes his deportation.
A stateless applicant born in Bhutan and previously resident in India was refused asylum in Ireland by the Refugee Appeals Tribunal. The Tribunal stated that according to the 1951 Refugee Convention, statelessness per se, does not give rise to a claim to refugee status. The High Court held that, for the purposes of refugee status determination, the applicant does not have to prove that he was persecuted in all countries of former habitual residence. The applicant must demonstrate that one country was guilty of persecution, and that he is unable or unwilling to return to any of the states where he formerly habitually resided.
This case concerns an applicant who sought to quash the decision of the respondent which refused to revoke a deportation order made in respect of the applicant. The respondent contended that the applicant had been untruthful throughout the asylum process about his nationality and was therefore not entitled to any relief, while the applicant contended that the applicant’s untruthfulness should not be a bar to relief as substantial grounds established that a real risk to the applicant's life or freedom was inevitable. The Court found in favour of the applicant and quashed the decision of the respondent refusing to revoke the deportation order.
The applicant requested a travel document for stateless persons. The Court pondered on whether he may be stateless, and discussed the concepts of de jure and de facto statelessness, but ultimately ruled that it is irrelevant for the applicant's request because he does not have the right to reside legally in Germany, and therefore is not eligible for a travel document in accordance with Article 28 of the 1954 Convention.
The applicant was born in 2011 in Germany to a German father and a stateless mother. Her birth certificate contained the disclaimer that the mother's identity is "unconfirmed", which the applicant and the parents appealed against, as the stateless mother was extensively documented among others with a travel document for stateless persons issued by Germany. The Court upheld the appeal, and ordered the civil registry to issue a new birth certificate without disclaimers as to the mother's identity.
The applicant was born in Taiwan, and entered France as an unaccompanied minor on a "borrowed" passport. Her application for stateless status was rejected, as she did not make sufficient effort to obtain Chinese nationality. OFPRA also relied on the applicant having had a "double identity" in France and therefore being untrustworthy, and on the fact that France does not recognise Taiwan as an independent state.
The applicant was born in Kosovo and arrived to France irregularly in 2009. Her application for a statelessness status was rejected because OFPRA considered both Kosovo and Serbia to be potential countries of the applicant's nationality, and have rejected the applicant's arguments that as a member of Roma community she was subject to discrimination and would not be able to access those nationalities.
The applicant was born in Azerbaijan to Armenian parents. In the course of his asylum application he claims to have lived in Russia and served in the Russian army before arriving in France. His asylum application was rejected, as well as his statelessness application - as according to the information he provided in his asylum application he would have automatically acquired Russian nationality in the context of the dissolution of the Soviet Union.
The applicant was born in Azerbaijan to an Armenian father and an Azeri mother, and subsequently lived in Russia and Belarus before arriving in France. His stateless status application was rejected as he did not demonstrate having made repeated and diligent attempts at getting recognised as a national by Russia, Armenia or Azerbaijan. The Court upheld the administrative decision.
The applicant was born in Italy to parents born in former Yugoslavia. His stateless status was denied on the basis that he did not make enough efforts to be recognised as a national of either Italy, Croatia or Macedonia.
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.
The applicant lost her Khazakh nationality by operation of law due to not having registered with Khazakh consular authorities within 3 years of her departure. In these three years she had an asylum claim pending in France, and therefore could not have been expected to contact Khazakh authorities. OFPRA rejected her application for stateless status as she did not demonstrate to have made sufficient efforts to regain her Khazakh nationality.
The applicant was born in Syria, where he was involved in violence in the context of an armed conflict. During his life in France he was convicted if multiple crimes and served prison sentences. His application for the statelessness status was rejected for two reasons - firstly, he did not show sufficient efforts to obtain or confirm his Syrian nationality, and secondly he fell under the exclusion clauses of the 1954 Convention - the latter having been the reason for rejecting his asylum claim too. The Court upheld the administrative decision on both grounds.
The applicant claimed to have been born in Kuwait to parents of Palestinian origin. OFPRA denied him stateless status on the basis that neither his Palestinian origin nor his place of birth being Kuwait could be confirmed, and the Court upheld this administrative decision. The Court also ruled that Palestinians who are outside of the UNRWA territory are in principle not excluded from protection under the 1954 Convention.
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.