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.
The Constitutional Court held that in a case where the acting authority finds, on the basis of the opinion of expert agencies, that the applicant's stay would violate or endanger the national security of Hungary, the application for statelessness status shall be rejected on procedural grounds without further examination of whether the applicant qualifies as a stateless person.
The case concerned the interpretation of Article 19 of the Directive (2011/95/EU, Qualification Directive). Specifically, the applicant had been granted subsidiary protection by the Austrian authorities on the mistaken basis that he was an Algerian national. The applicant was not responsible for the mistake, having rather declared throughout the proceedings that he was stateless. The CJEU held that under the Qualification Directive a State is under the obligation to revoke subsidiary protection if information emerges to prove that an individual never satisfied the requirements under the Directive.
The applicant, a stateless person residing in Hungary, faced protracted difficulties in regularising his legal situation, being eventually recognised as stateless after fifteen years' residence. During thirteen 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. Constitutional Court proceedings were initiated by a judge, in which the judge proposed to declare that the term "lawful residence" in the territory of Hungary, as provided for in 76§ (1) of Act no. II of 2007 on Admission and Right of Residence of Third-Country Nationals (Harmtv), which requires a person to be lawfully staying in the country in order to be granted statelessness status, was contrary to the Fundamental Law of Hungary, and to order a general prohibition of its application in the given case. The Constitutional Court held that the term “lawful residence” was contrary to the Fundamental Law of Hungary, thus deleted it from the cited law. However, it refused to prohibit its application to the underlying procedure, as the applicant concerned was able to initiate a new procedure afterwards. This case reached the European Court of Human Rights (Sudita Keita v. Hungary).
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.
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.
The applicant was born in Syria, where he was involved in violence in the context of an armed conflict. During his life in France he was convicted if multiple crimes and served prison sentences. His application for the statelessness status was rejected for two reasons - firstly, he did not show sufficient efforts to obtain or confirm his Syrian nationality, and secondly he fell under the exclusion clauses of the 1954 Convention - the latter having been the reason for rejecting his asylum claim too. The Court upheld the administrative decision on both grounds.
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.