ECtHR- Konstatinov v. The Netherlands

Court name: European Court of Human Rights
State: Netherlands
Date of decision:
Legal instruments: European Convention on Human Rights (ECHR), European Union law, Other international law
Key aspects: Family reunification, Residence permit, Respect for private and family life, Stateless status and documentation, Statelessness determination

The applicant of Roma origin was denied a residence permit to the Netherlands on the basis of the applicant’s husband failing to meet the requirements under domestic immigration rules and because of the applicant’s multiple convictions. The Court held the Contracting State had struck a fair balance between the applicant’s Article 8 rights and its own interests in regulating its immigration.

Netherlands - Council of State (Raad van State), ECLI:NL:RVS:2016:735

Court name: Council of State of the Netherlands (Raad van State)
State: Netherlands
Date of decision:
Legal instruments: European Union law
Key aspects: Acquisition of nationality, Deprivation of nationality, Respect for private and family life

The applicant naturalised in the Netherlands in 2003, but the naturalisation was withdrawn in 2013 when the authorities found out she had a criminal conviction in Belgium in 2000 that she failed to mention in her naturalisation application. The applicant argued that the decision depriving her of her Dutch nationality is disproportionate, among others in light of EU law and Rottmann judgment, in particular due to her becoming stateless as a result, and the difficulties she may face re-acquiring her original Ghanaian nationality. The Court rejected the appeal and upheld the decision denaturalising the applicant. 

Netherlands - Council of State (Raad van State), ECLI:NL:RBDHA:2018:9575

Court name: Council of State of the Netherlands (Raad van State)
State: Netherlands
Date of decision:
Legal instruments: European Convention on Human Rights (ECHR), European Union law
Key aspects: Burden of proof, Determination/confirmation of nationality, Establishing identity, Respect for private and family life, Standard of proof, Stateless status and documentation, Statelessness and asylum, Statelessness determination

The applicant received asylum status as a stateless Palestinian, but his request to register his statelessness in the municipal civil records was rejected due to lack of evidence. He has an original UNRWA document and an ID from Lebanon, but they were considered insufficient proof of identity as well as of statelessness. The applicant complained that inability to affirm his statelessness violates his identity rights under article 8 ECHR, as well as his rights as a stateless person under EU law, both of which arguments didn't succeed.