Netherlands - District Court Zwolle, AWB 09/2212

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. 

Case status
Decided
Case number
AWB 09/2212
Citation
ECLI:NL:RBZLY:2010:BN6394
Date of decision
State
Court / UN Treaty Body
District Court Zwolle (Rechtbank Zwolle)
Language(s) the decision is available in
Dutch
Applicant's country of residence
Netherlands
Relevant Legislative Provisions

Article 6 of Dutch Nationality Act.
Article 94 of the Dutch Constitution.
Article 1 of 1961 Statelessness Convention.

Facts

Applicant was born in Z on April 21, 2001. Not in dispute is that the parents of the applicant are stateless Palestinians from Lebanon and that the applicant too is stateless from birth. The claimant has been resident in the Netherlands without interruption, but without legal permission to stay. 

Decision & Reasoning

Confirmation of acquisition of Dutch nationality was wrongly refused. The court is of the opinion that these 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. It does not follow from the text of the treaty that the competent authority has to agree to this permanent residence. The provisions of Article 6, first paragraph, preamble and under b, of the RWN (Dutch Nationality Act), insofar as this requires that the stateless alien has been admitted for at least three years, should therefore have been excluded, now that this provision is contrary to a binding provision of international law for everyone.

Outcome

The court ordered the defendant, taking into account what has been considered in this judgment, to decide again on the objection.
The Dutch immigration office decided to grant the applicant an asylum permit retroactively. A change in the Dutch Nationality Act was therefore prevented.