United Kingdom - JM & R v The Secretary of State for the Home Department

Court name: Court of Appeal (Civil Division)
State: United Kingdom
Date of decision:
Legal instruments: 1954 Statelessness Convention
Key aspects: Acquisition of nationality, Childhood statelessness, Deportation and removal, Stateless status and documentation, Statelessness determination

The appellant, a child born to a Zimbabwean mother and Portuguese father, was not a recognised national of any country and consequently applied for limited leave to remain in the United Kingdom through paragraph 405 of the Immigration Rules. However, for paragraph 405 of the Immigration Rules to apply, individuals must also satisfy the conditions of paragraph 403, which include a requirement that individuals be inadmissible to any country other than the UK. The Court of Appeal affirmed the Upper Tribunal’s decision that JM was admissible to Zimbabwe and therefore did not qualify for limited leave to remain in the country under paragraph 405.

Switzerland - Federal Administrative Court, judgment no. F-6147/2015

Court name: Federal Administrative Court (Bundesverwaltungsgericht)
State: Switzerland
Date of decision:
Legal instruments: 1954 Statelessness Convention
Key aspects: Access to social and economic rights, Burden of proof, Childhood statelessness, Determination/confirmation of nationality, Exclusion grounds, Protection, Stateless status and documentation, Statelessness and asylum, Statelessness determination

Applicants requested to be recognised as stateless in addition to having already been recognised as refugees. The judgments deals with the question of whether refugee status is comparable in rights to the status of nationals within the meaning of the exclusion clause in Article 1(2) of the 1954 Convention. The Court sides with the applicants confirming their right to be recognised as stateless persons in addition to having been granted asylum-based residence status. 

Germany - Federal Administrative Court, judgment 5 C 32/07

Court name: Federal Administrative Court
State: Germany
Date of decision:
Legal instruments: 1961 Statelessness Convention, 1997 European Convention on Nationality
Key aspects: Childhood statelessness, Deprivation of nationality, Stateless status and documentation

Germany’s highest administrative court decides on a case in which stateless minors (the applicants) were granted German nationality. The applicants’ parents applied for their nationality using false information, namely that the family would originate from Lebanon instead of Turkey. The Court held that the withdrawal of nationality is only valid if done promptly, i.e. within a maximum of five years after the nationality has been granted.