The applicant, who described himself as being Saharawi, claimed that he should not be granted statelessness status because he was entitled to Spanish nationality. Alternatively, he argued that he should be recognised as being stateless. The Supreme Court found that his entitlement to Spanish nationality could not be considered, given that it has never been requested before by the applicant. However, the court found that given that he could not be considered as Moroccan or Algerian under the law of these two countries, nor as covered by the exception foreseen in Article 1(2)(i) of the 1954 Convention, his statelessness status should be recognised.
A person born in Tajikistan applied for statelessness status. The applicant argued that he could not ask for nationality from Tajikistan because that country would force him to convert to Islam. The Spanish authorities dismissed the application because, under their understating of Tajikistan law, nationality from that country is granted on a jus sanguinis basis regardless of the religion or ethnicity of the applicant. The court confirmed the decision of the Spanish authorities to deny the statelessness status on the grounds that: (i) given the alleged nationality of his parents it was reasonable to assume that the applicant could have the right to nationality of Tajikistan; (ii) it was not proven that the authorities from Tajikistan actually denied nationality to the applicant, that his parents were not from Tajikistan nor that it was required to convert to Islam to obtain the nationality; and (iii) the applicant filed its application in 2012 despite having arrived in Spain in 2003 (this delay goes against the credibility of the application).
The Supreme Court held that the initiation of the administrative procedure to recognise statelessness does not require the applicant to be in Spain. It is sufficient that he/she is at the border post.
The initiation of the procedure for the recognition of statelessness status does not require the applicant to be in the national territory, it is sufficient for the applicant to be at a border point.
Saharawi refugees living in its camps have not explicitly or implicitly been recognised as Algerian nationals, by the Algerian Government. The applicant’s passport issued by the Algerian Government grants the status of a travel document. Specifically, it was granted to allow the applicant to travel for medical reasons. The applicant’s stateless status must be recognised.
The applicant, of Palestinian origin, applied for stateless status, arguing that Spain does not recognise Palestine as a State. The Supreme Court rejected her application arguing that many countries in the international community recognise Palestine as a state, implying that Palestine provided the applicant with protection.
The Supreme Court held that a passport issued by the Algerian authorities to a Saharawi person living at the refugee camps only serves as a travel document and does not confirm that the applicant has Algerian nationality. The applicant is stateless and must be officially recognised as such.
The applicant, a statelessness individual originally from Iran, is subject to a deportation order as a result of the commission of a criminal offence in Spain. The Spanish Supreme Court establishes that a criminal conviction is not sufficient to expel a stateless person on grounds of national security and revokes his deportation.
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.