Court name: Constitutional Court of Austria (Verfassungsgerichtshof)
Date of decision:
Legal instruments: European Convention on Human Rights (ECHR), European Union law
Key aspects: Acquisition of nationality, Discrimination, Gender, Respect for private and family life
The applicant was born in 1974 to an Iranian father and Austrian mother, and by virtue of the laws applicable at the time only acquired Iranian nationality. Austrian nationality was granted to him by a court decision in 1981. He later moved to the US where he wishes to naturalise, and requested permission from Austria to retain Austrian nationality. Such permission, however, can only be granted to nationals by birth. The Court found a violation of the principle of equality of treatment among nationals.