Court name: Constitutional Court of Hungary
State: Hungary
Date of decision:

The applicant, a stateless person residing in Hungary, faced protracted difficulties in regularising his legal situation, being eventually recognised as stateless after fifteen years' residence. During thirteen of those years, the applicant had no legal status in Hungary and was entitled to neither healthcare nor employment, nor was he able to marry. Constitutional Court proceedings were initiated by a judge, in which the judge proposed to declare that the term "lawful residence" in the territory of Hungary, as provided for in 76§ (1) of Act no. II of 2007 on Admission and Right of Residence of Third-Country Nationals (Harmtv), which requires a person to be lawfully staying in the country in order to be granted statelessness status, was contrary to the Fundamental Law of Hungary, and to order a general prohibition of its application in the given case. The Constitutional Court held that the term “lawful residence” was contrary to the Fundamental Law of Hungary, thus deleted it from the cited law. However, it refused to prohibit its application to the underlying procedure, as the applicant concerned was able to initiate a new procedure afterwards. This case reached the European Court of Human Rights (Sudita Keita v. Hungary).

Court name: Supreme Court
Date of decision:

The applicant is a stateless person, who committed an administrative offence of drug abuse, and was sentenced to administrative detention and expulsion. The Court considered that in his specific circumstances, which included statelessness and long-term residence in Russia since childhood, expulsion would be a disproportionate measure at risk of violating Russia's international human rights commitments, and reduced the sentence to administrative detention only. 

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

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.