Court name: Court of Appeal
State: Ireland
Date of decision:

This case concerned an appeal as to whether an applicant for subsidiary protection may be considered both as a national of a third country and a stateless person simultaneously under the European Communities (Eligibility for Protection) Regulations 2006 and the Qualification Directive. The Court held that a person who is a national of a state is not a stateless person and that such state or country is his country of origin in relation to which his application must be primarily decided.

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

The applicant was born in China and is of Tibetan origin. He fled China to Nepal, and then made his way to Belgium through India on a fake passport. His asylum applications failed, he has been detained with a view to deportation to China, but had been released due to the Chinese authorities not issuing the necessary documents. The applicant also unsuccessfully attempted to organise voluntary return through IOM, contacting authorities of China, India, and Nepal. These facts convinced the Court to recognise the applicant as stateless.