Court name: Versailles Administrative Court of Appeal
Date of decision:
Legal instruments: 1954 Statelessness Convention, European Convention on Human Rights (ECHR)
Key aspects: Burden of proof, Determination/confirmation of nationality, Residence permit, Respect for private and family life, Standard of proof, State succession, Stateless status and documentation, Statelessness determination
The applicant was born in the USSR, on the territory of contemporary Ukraine. He was denied stateless status in France on the basis that he did not make any efforts to get recognised as a national by either Ukraine or Russia. The Court upheld OFPRA's decision, ruling moreover that since the statelessness determination procedure is not aimed at granting residence rights, the applicant cannot rely on potential violations of articles 3 and 8 ECHR in case he is forced to return to Ukraine.