Austria - Constitutional Court case of 6 March 2014

Court name: Constitutional Court of Austria (Verfassungsgerichtshof)
State: Austria
Date of decision:
Legal instruments: 1954 Statelessness Convention, European Convention on Human Rights (ECHR)
Key aspects: Burden of proof, Childhood statelessness, Country of return, Deportation and removal, Protection, Residence permit, State succession, Statelessness determination

The applicant is of Roma ethnic origin, with parents from former Yugoslavia, who was born, grew up, and worked his whole life in Austria. He has had a permanent residence permit until 1995, when the latter was withdrawn due to applicant's criminal convictions. The Court found the applicant to be stateless, and determined that expulsion of a stateless person without a former country of habitual residence amounts to violation of Article 3 ECHR.