The applicant received an assurance of acquiring Austrian nationality if she renounces her former, Serbian, nationality. Shortly after the renunciation the applicant lost her job and was unable to find alternative employment due to her statelessness, which resulted in her no longer complying with the income requirement for acquiring Austrian nationality. The Court declares unconstitutional the law which requires continuous fulfilment of all the conditions for naturalisation, even after Austrian nationality has been conditionally granted and the former nationality has been renounced.
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).