ECtHR - Sudita Keita v. Hungary

Court name: European Court of Human Rights
State: Hungary
Date of decision:
Legal instruments: 1954 Statelessness Convention, European Convention on Human Rights (ECHR)
Key aspects: Access to social and economic rights, Residence permit, Respect for private and family life, Statelessness determination

A stateless person faced protracted difficulties in regularising his legal situation, and was recognised as stateless only after residing in Hungary for 15 years. During 13 of those years, the applicant had no legal status in Hungary and was entitled to neither healthcare nor employment, nor was he able to marry. The Court held that Hungary had not complied with its positive obligation to provide an effective and accessible procedure enabling the applicant to have his status in Hungary determined with due regard to his private-life interests under Article 8 ECHR.

France - Versailles Administrative Court of Appeal, case no. 10VE04202

Court name: Versailles Administrative Court of Appeal
State: France
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. 

Czech Republic - Supreme Administrative Court, H. A. A. v Ministry of Interior

Court name: Supreme Administrative Court
State: Czech Republic
Date of decision:
Legal instruments: 1954 Statelessness Convention, European Convention on Human Rights (ECHR)
Key aspects: Protection, Respect for private and family life, Stateless status and documentation, Statelessness determination

Stateless people should be granted a legal status and identity card during the statelessness determination procedure. The State's failure to grant a right to stay on the territory while waiting for a decision is in violation of the applicant's right to respect for private and family life.