Court name: High Court of Justice, Queen's Bench Division, Administrative Court
Date of decision:

An Afghan national held in immigration detention brought a claim contending that the failure to provide access to free (publicly funded) initial immigration advice for immigration detainees held in prisons is discriminatory, as detainees held in Immigration Removal Centres (IRCs) have access to such advice instead. The High Court found that the difference in treatment between detainees in prisons and detainees in IRCs constituted unlawful discrimination contrary to Article 14 of the European Convention on Human Rights (ECHR), read in conjunction with Articles 2, 3, 5 and 8. The High Court rejected the argument that the difference in treatment was justified on the basis that the class of immigration detainees held in prisons is not relevant “other status” for Article 14 purposes, and found that detainees held in prisons are in a sufficiently analogous position to their counterparts held in IRCs to qualify for the same rights.

Court name: Upper Tribunal (Immigration and Asylum Chamber)
Date of decision:

The case concerns a Belarusian individual who had entered the UK in 1998, whose asylum applications were refused and who spent the subsequent eighteen years in immigration bail as his identity could not be confirmed and he could not be deported to Belarus. As he had left Belarus in 1991, he had effectively lost his Belarusian nationality and had become stateless. He complained that the state of “limbo” in which he was as a result of his immigration bail constituted an infringement of his right to private life. The court refused his application.

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: Supreme Administrative Court
State: Poland
Date of decision:

The applicant was born in the US, and his birth certificate indicated a Polish national as the father, and an unknown surrogate mother as the mother. Polish authorities refused to confirm the applicant acquired Polish nationality at birth as a child of a Polish parent, because the birth certificate is against the Polish public order, in particular the prohibition of surrogacy. The courts ruled in favour of the applicant, stating that confirmation of his Polish nationality on the basis of the birth certificate does not amount to validation of surrogacy.

Court name: Administrative Court of Luxembourg
State: Luxembourg
Date of decision:

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. 

Court name: Constitutional Court of Austria (Verfassungsgerichtshof)
State: Austria
Date of decision:

The applicant received an assurance of acquiring Austrian nationality if she renounces her former, Serbian, nationality. Shortly after the renunciation the applicant lost her job and was unable to find alternative employment due to her statelessness, which resulted in her no longer complying with the income requirement for acquiring Austrian nationality. The Court declares unconstitutional the law which requires continuous fulfilment of all the conditions for naturalisation, even after Austrian nationality has been conditionally granted and the former nationality has been renounced. 

Court name: Brussels Court of Appeal
State: Belgium
Date of decision:

The judgment relies on earlier Constitutional Court judgments that have established that stateless persons who lost their nationality involuntarily and demonstrated that they do not have the right to permanent legal residence elsewhere should get residence rights in Belgium on an equal footing with refugees, and that the necessary national legislation is lacking to give effect to such rights. The applicant has a criminal record and was denied residence rights on that basis, but the Court ruled that criminal convictions are irrelevant for his residence rights, and ordered authorities to regularise his residence until new legislation comes to force that regulates the stateless persons' right to residence. 

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

The Federal Fiscal Court decided that on a case in which a stateless person applied for child benefits from the German government. The Court held that neither Art. 24 nor Art. 29 of the 1954 Statelessness Convention provide for a right to claim child benefit and that this ruling is not unconstitutional.