The Appellant’s appeal to prevent his deportation to Algeria was brought on Articles 3 and 8 ECHR grounds. The Appellant submitted that he was at real risk of destitution (Article 3) and / or would face very serious obstacles to his integration into Algeria on account of his mental health (Article 8). The Upper Tribunal refused the Article 3 ECHR part of the appeal but granted the appeal on Article 8 ECHR grounds.
The applicant was born in an undisclosed Soviet Union Republic and moved to Russia in 1993. He held a temporary resident permit. He was convicted of a drug-related crime and sentenced to eight years in prison. The Ministry of Justice issued a decision on the "undesirability of his stay" in Russia. The Ministry of Internal Affairs followed up with a decision ordering his deportation as the applicant failed to leave Russia within the prescribed deadline. After being released from prison, the applicant was placed in a migration detention centre for 48 hours; this term was repeatedly extended by the court (prior to his eventual release). Russian authorities contacted Armenian and Azerbaijani authorities, both of which refused to grant the applicant entry as he was not a citizen of their respective countries. The applicant challenged both decision of the Ministry of Justice on the undesirability of his stay in Russia and the decision of Ministry of Internal Affairs ordering his deportation. The challenge was dismissed due to lack of legal grounds to declare the disputed decisions illegal.
The appellant, a Rwandan national, was granted refugee status in the UK but was subsequently convicted of a number of offences. The Secretary of State for the Home Department has powers, under the Nationality, Immigration and Asylum Act 2002 to order the deportation of persons convicted of serious offences, which included an offence committed by the appellant. The Secretary of State ordered the appellant’s detention pending deportation and the appellant initially sought judicial review of the deportation order, only to then focus on the lawfulness of the detention. Following the decision in R (Draga) v Secretary of State for the Home Department  EWCA Civ 842, where the Court of Appeal ruled detention lawful even where based on an unlawful deportation order, the Court of Appeal dismissed the appellant’s substantive appeal. The Supreme Court overturned the decision.
The appellant’s nationality, or lack thereof, was the central issue of the remaking decision of this appeal. The appellant alleged that he was stateless and that this constituted “very compelling circumstances” outweighing the public interest requiring his deportation; he could not therefore be deported from the UK. The respondent alleged that the appellant was a de jure Guinean national and that the barriers to removal in his case were purely administrative in nature and did not therefore permit the appellant to succeed in his appeal. The Court found that the appellant failed to show, on the balance of probabilities, that he was stateless within the meaning of the 1954 Convention; rather, the appellant was found to be in “actual limbo”. The Court also held that it could not be said that the very strong public interest was outweighed by any factors supporting the appellant’s position, whether viewed in isolation or cumulatively. The Court further found that there may come a stage when all possible avenues to establish the appellant’s Guinean nationality and/or other means of facilitating a removal have been exhausted and that the prospect of deporting him from the UK could be considered so remote that Article 8 ECHR might provide a route for success; but, in the Court's judgment, that stage had not been reached by some distance.
After discovering that the applicant had omitted information when applying for Russian nationality, his nationality was annulled and an entry ban was enforced. The Court applied a two-pronged approach to assess whether the deprivation of the applicant’s nationality was an interference with his right to private and family life, which assessed (i) the consequences for the applicant, and (ii) whether the measure was arbitrary. In light of the far-reaching consequences of this decision and its apparent arbitrary nature, the Court held that the annulment interfered with the applicant's rights guaranteed under Article 8 ECHR. Further, the Court found that the expulsion of the applicant from Russian territory failed to respect the principle of proportionality, given the lack of evidence of any threat to Russian national security posed by the applicant, thereby violating Article 8.
The State Secretary for Justice and Security has placed the Appellant under detention for the purpose of deportation. The Appellant refutes this claim, stating that he is stateless, so there is nowhere for him to go. The Court states that there can still be a prospect of deportation when the Appellant is stateless.
The Appellant is a stateless Palestinian who has applied for asylum in the Netherlands. The Appellant claims that Lebanon cannot be regarded as her country of usual residence. The court declares that Lebanon was rightly considered the Appellant’s country of usual residence and the exclusion provision of Article 1 (D) of the Refugee Convention applies.
The applicant brought an appeal challenging the constitutionality of s.19 of the Irish Nationality and Citizenship Act 1956, which governs the procedure by which revocation of naturalisation is determined. The fact that the Minister initiated the revocation process, appointed the committee charged with conducting the inquiry and then reached the final decision, was unconstitutional according to the applicant, as it breached the right to fair procedures. The Court held that s.19 was unconstitutional because it did not provide the procedural safeguards required to meet the high threshold of natural justice applicable to a person facing such severe consequences, i.e. revocation of naturalisation.
The applicant originates from former Soviet Union, and has lived in Luxembourg since 2004, unsuccessfully applying for the recognition of a statelessness status on numerous occasions. His identity has never been confirmed, and there were doubts as to the credibility of his testimony stemming from his asylum procedures. The applicant claimed that after 15 years of inability to determine the country of destination for his removal the attempts at deportation should be terminated, and his statelessness recognised, especially considering his poor health condition.
The applicant moved to Ukraine in 2005 from Transnistria, a disputed territory of Moldova, and lived in Ukraine for 14 years with his long-term partner and her children and grandchildren, before receiving a deportation order to Moldova. He disputed the deportation order on the basis of being stateless, having no connection to Moldova, and having a family and private life in Ukraine that are protected under article 8 ECHR. The first two instance courts rejected the applicant's claim, but the Supreme Court of Administrative Cassation ruled in favour of the applicant on the basis of new evidence from the Consulate of Moldova confirming he is not a national of Moldova.