Court name: Council of the State
State: Greece
Date of decision:

The Council of State approved the application for interim measures and suspended the deportation order against the applicant, who was born in Palestine and was stateless, according to certain documents on the public record (or a Libyan national based on others). The deportation order (issued due to suspicions that the applicant was a member of Hamas) was found to cause hardly repairable damage to the applicant, while the Hellenic Police had failed to concretely demonstrate why delaying the deportation would harm national security and the public order.  

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

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. 

Court name: Austrian Supreme Administrative Court (Verwaltungsgerichtshof, VwGH)
State: Austria
Date of decision:

The case concerns the unlawfulness of the deportation of a mother and her two daughters from Austria to Georgia. A reassessment from the court (at the time of the execution of the deportation) leads to the result that the circumstances in favour of the applicants have changed to such an extent that the deportation must be considered disproportionate.

Court name: Conseil d'État
State: France
Date of decision:

The removal of the parent of a stateless child who is not entitled to a residence permit can only be ordered for reasons of national security or public order. Otherwise, the removal of the parent would deprive the child of the rights and guarantees attached to the status of stateless person if the child accompanies his or her parents outside French territory in application of the removal order issued against the parents, or would disproportionately infringe on the right to family life of the parents, in breach of Article 8 of the European Convention on Human Rights, if the child remains in France separated from his or her parents.

Court name: Fourth Cassation Court of General Jurisdiction of the Russian Federation (Четвертый Кассационный суд общей юрисдикции Российской Федерации)
Date of decision:

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.

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

This appeal to the Upper Tribunal of the Immigration and Asylum Chamber concerns the Secretary of State for the Home Department’s (hereinafter SSHD) decision to deprive the appellant of his British citizenship. The Upper Tribunal addressed the issue of whether Article 8(1) of the ECHR was engaged and whether the SSDH discretionary decision under section 40(2) or (3) to deprive the individual of his or her British citizenship was exercised correctly. The grounds for judicial review is that the delay in acting on the appellant’s fraud reduces the public interest in deprivation and is a disproportionate interference with Article 8 ECHR.

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: Ukraine
Date of decision:

The applicant's Ukrainian nationality was withdrawn rendering him stateless, and subsequently a travel ban of 3 years was imposed on him due to a procedural violation of the border crossing rules. The applicant argued that the travel ban is disproportionate, that he enjoys lawful residence in Ukraine, has very close ties with Ukraine, and that the ban interferes with his right to challenge the deprivation of nationality which rendered him stateless in person in court. 

Court name: Supreme Administrative Court
State: Poland
Date of decision:

The applicant was born in Poland to a Vietnamese mother. When she was 9 years old a Polish citizen formally recognised her as his daughter, and the local authority subsequently confirmed that she is a Polish citizen by birth. She was growing up as a Polish citizen until another 8 years later the central government authorities invalidated the confirmation of nationality by the local authority, as according to the Polish Citizenship Law changes in parenthood can only lead to acquisition of Polish citizenship if they take place within 1 year of birth. The applicant's arguments related to article 8 ECHR, best interests of the child, as well as long-term presumption of Polish citizenship due to no fault of the applicant, although the court dismissed all arguments.

Court name: Supreme Court of Administrative Cassation
State: Ukraine
Date of decision:

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.