United Kingdom - ML (Morocco), R (on the application of) v The Secretary of State for the Home Department  EWHC 2177 (Admin)
The claimant, born in a refugee camp in Western Sahara, asserted he is a stateless person within the meaning of article 1(a) of the 1954 UN Convention relating to the Status of Stateless Persons (although he never made a formal statelessness application) and alleged that he was unlawfully detained under immigration powers, pending deportation. The Secretary of State attempted to obtain an emergency travel document for the claimant from various foreign authorities, yet delays were encountered. The claimant was detained throughout but it was held that the Secretary of State was acting with reasonable diligence, the decision to detain the claimant was not unlawful considering the circumstances and there was a reasonable prospect of removal during the period of detention. The claimant was a persistent absconder with multiple convictions, had been assessed as posing a high risk of harm to the public, and these factors weighed against him when assessing what was a reasonable period of detention.
The case concerned the removal of the applicant, a stateless Palestinian individual who had been habitually resident in Syria and present in the United Kingdom since 2007, to the Palestinian National Authority (PNA). It was held by the – that the PNA could be considered as a safe third country despite it not being formally recognised as a state. It was also held that the Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection (the Qualification Directive), and for the content of the protection granted could not be interpreted as guaranteeing a resident permit to all those in receipt of subsidiary protection.
The applicant was born in Iraq and formerly possessed Iraqi identity documents. After establishing permanent legal residence in Austria he applied for a travel document for foreigners on the basis that he has an "unclear nationality" status. The application was rejected without granting the applicant the right to an oral hearing. The Constitutional Court upheld the applicant's right to have an opportunity to explain his allegedly unclear nationality status in an oral hearing.
The applicant originates from Somalia and arrived to the Netherlands through Yemen as an unaccompanied minor. When testifying for his asylum application, he omitted to mention that he had lived in Yemen. He was granted a residence permit which later lead to his naturalisation, but the latter was withdrawn nearly 12 years later as the authorities found out about his history in Yemen. He argued that the denaturalisation is disproportionate in light of the CJEU Rottmann judgment, citing statelessness as one of the circumstances, and the court upheld his position.
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.
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.