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.
Applicant was born on the territory of what is now Kosovo, and is of Roma origin. He was unable to access Kosovar nationality due to discrimination against Roma, and he was not accepted by the Kosovar authorities when France attempted to expel him. His application for stateless status was rejected by OFPRA, as he did not demonstrate having made sufficient efforts to obtain Kosovar or Serbian nationality, and this decision was upheld by the Court.
The applicant belongs to Biharie minority in Bangladesh, and applied for the recognition of his statelessness in France, submitting additional documentary evidence that access to Bangladeshi nationality is restricted for him. The Court could not make sense of all the documents submitted, and requested both the applicant and OFPRA to submit additional information and observations regarding the nature of the documents and the circumstances in which they were issued.
The case originated in an application against the Republic of Bulgaria lodged by a stateless person of Palestinian origin, Mr Ahmed Jamal Auad, on 13 August 2010. He had obtained subsidiary international protection in Bulgaria, but later was served an expulsion order on national security grounds, detained for removal for 18 months and then released back in Bulgaria due to impossibility to implement the expulsion order. The judgment of the Court is particularly important with regard to the obligation of States to identify a destination country in removal orders: "In cases of aliens detained with a view to deportation, lack of clarity as to the destination country could hamper effective control of the authorities’ diligence in handling the deportation." (para.133).