Court name: Administrative Court of Appeal of Nantes
State: France
Date of decision:

The applicant is from Western Sahara and identifies as a Sahrawi, a territory occupied by Morocco. Having fled to France, he  argued that he should qualify as a stateless person even though his birth certificate indicates that he has Moroccan nationality. He argued that this matter should be referred to the CJEU for a preliminary ruling. 

Court name: Administrative Court of Luxembourg
State: Luxembourg
Date of decision:

The applicant originates from former Soviet Union, and has lived in Luxembourg since 2004, unsuccessfully applying for the recognition of a statelessness status on numerous occasions. His identity has never been confirmed, and there were doubts as to the credibility of his testimony stemming from his asylum procedures. The applicant claimed that after 15 years of inability to determine the country of destination for his removal the attempts at deportation should be terminated, and his statelessness recognised, especially considering his poor health condition. 

Court name: Tirol Administrative Court
State: Austria
Date of decision:

The applicant was born in Belarus between 1990 and 1993, to parents of Armenian ethnic origin, and lived in Austria since the age of 9. Austria's civil registration allows for the registration of births of individuals who are stateless or whose nationality status is unclear, and the applicant argued her birth should be registered based on this provision, as she is stateless, or at least her nationality status in undetermined. The authorities considered that the applicant is an Armenian national based on findings in her asylum file, but the Court sided with the applicant and determined that she is entitled to have her birth registered in Austria.

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

The judgment relies on earlier Constitutional Court judgments that have established that stateless persons who lost their nationality involuntarily and demonstrated that they do not have the right to permanent legal residence elsewhere should get residence rights in Belgium on an equal footing with refugees, and that the necessary national legislation is lacking to give effect to such rights. The applicant has a criminal record and was denied residence rights on that basis, but the Court ruled that criminal convictions are irrelevant for his residence rights, and ordered authorities to regularise his residence until new legislation comes to force that regulates the stateless persons' right to residence. 

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

The applicant fled Kosovo in 1998, and during her asylum procedures in Belgium claimed to be a Yugoslav national, and had a Yugoslav passport as well as a birth certificate. In her statelessness determination process, the authorities and the Court found her to be uncooperative as she seemingly did not present all her identity documents to the embassy of Serbia and Montenegro with the aim of determining whether she is a Serbian national. 

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

The applicant belongs to the Armenian ethnic minority in Azerbaijan. The Court declared her stateless, as the consular representatives of Azerbaijan in Belgium clearly refused to recognise her as a national on the basis of her ethnicity, even though by operation of law she may in fact have acquired Azerbaijani nationality. In determining her statelessness, the Court took into account the fact that she was previously unable to be recognised as Armenian, and does not have connections with any other States. 

Court name: Council of State of the Netherlands (Raad van State)
Date of decision:

The applicants are ethnic Armenians from Azerbaijan, and claim to be stateless. The applicants applied for naturalisation, which was denied to them on the basis that their identity could not be adequately established, as they neither submitted a valid travel document nor a valid birth certificate from Azerbaijan, and the Dutch municipality records did not formally recognise them as stateless.The Court upheld the administrative decision.

Court name: Schleswig-Holsteinisches High Regional Court
State: Germany
Date of decision:

The applicants are ethnic Armenians born in Azerbaijan. The case addresses extensively the situation of ethnic Armenians from Azerbaijan who left Azerbaijan before the fall of the USSR, and lived in Russia in the 90s. Their potential Armenian, Azerbaijani and Russian nationalities are considered. The Court also discusses the legal residence requirement for a travel document in accordance with the 1954 Convention, and finds that such a permit does not need to be of a permanent nature. Applicants are found stateless by the Court and entitled to a stateless persons travel document. 

Court name: Bordeaux Administrative Court of Appeal
State: France
Date of decision:

The applicant was born in Kosovo and arrived to France irregularly in 2009. Her application for a statelessness status was rejected because OFPRA considered both Kosovo and Serbia to be potential countries of the applicant's nationality, and have rejected the applicant's arguments that as a member of Roma community she was subject to discrimination and would not be able to access those nationalities. 

Court name: Nantes Administrative Court of Appeal
State: France
Date of decision:

The applicant was born in Azerbaijan to Armenian parents. In the course of his asylum application he claims to have lived in Russia and served in the Russian army before arriving in France. His asylum application was rejected, as well as his statelessness application - as according to the information he provided in his asylum application he would have automatically acquired Russian nationality in the context of the dissolution of the Soviet Union. 

Court name: Nantes Administrative Court of Appeal
State: France
Date of decision:

The applicant was born in Azerbaijan to an Armenian father and an Azeri mother, and subsequently lived in Russia and Belarus before arriving in France. His stateless status application was rejected as he did not demonstrate having made repeated and diligent attempts at getting recognised as a national by Russia, Armenia or Azerbaijan. The Court upheld the administrative decision. 

Court name: Versailles Administrative Court of Appeal
State: France
Date of decision:

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. 

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

Applicant was born in Macedonia and lived in the Netherlands for 38 years. His path to naturalisation was inhibited by the registration of his nationality status as "unknown" in the municipal records, which he requested to change to "stateless", arguing that he has never acquired the Macedonian nationality. The Council of State sided with the municipality that denied the request, maintaining that it has not been "irrefutably established" that the applicant is not a Macedonian national. The judgment refers to the Dutch legislative initiative on the statelessness determination, implying that it is needed, and that the municipal registry is not a statelessness determination procedure.  

Court name: Administrative Jurisdiction Division from the Council of State
Date of decision:

Request to have nationality changed from "unknown" to "stateless" denied, as it cannot be ruled out that the applicant's father has Macedonian nationality. Applicant did not provide enough evidence to determine statelessness.

Court name: Supreme Court (Tribunal Supremo)
State: Spain
Date of decision:

The applicant is a Saharawi man who was born in the former Spanish Sahara and who, in 1979, fled to the Saharawi refugee camps in Tindouf (Algeria), where he lived until 2005, when he arrived in Spain after being issued a passport by the Algerian authorities. In Spain, he applied for statelessness status. The Ministry of Interior rejected his application based on his Algerian passport, but this decision was overturned, on appeal, by the High Court, which found that Algerian passports are just travel documents.  

Court name: Supreme Court (Tribunal Supremo)
State: Spain
Date of decision:

The case concerns a Saharawi woman who was not recognised as a stateless person by the Ministry of Interior, in a decision which was later upheld by the High Court. The Supreme Court overturned both the lower decisions.