The applicant applied for British citizenship on the basis of s.4B of the British Nationality Act 1981 (which does not allow the grant of British citizenship when the applicant already has another nationality), relying on a letter from a Pakistani Consulate confirming that his Pakistani nationality was cancelled. The Court of Appeal reversed the lower court’s decision, which had been in favour of the applicant, on the basis that (1) it failed to apply the principle that the person's nationality was to be determined by reference to the actual law of the state on the basis of expert evidence, not what agencies of the state might assert about that person's nationality; and (2) the lower court’s reading of Pakistani law was mistaken.
The applicant was born in Croatia in 1998 and has lived there ever since. His parents are citizens of Serbia, but the applicant's citizenship status remained unclear. His request for a permanent residence permit in Croatia was rejected, among others due to lack of a valid travel document, lack of means of subsistence, and lack of health insurance. The Court ordered the authorities to issue a new decision, taking into account the ECHR judgment in Hoti v. Croatia, and the applicant's potential statelessness which is related to widespread difficulties in confirming Serbian citizenship of individuals in a similar situation to the applicant. The applicant initiated a new administrative dispute and the Administrative Court in Rijeka ruled in his favour, however, on appeal, the High Administrative Court rejected the applicant’s request.