Court name: Constitutional Court of Austria (Verfassungsgerichtshof)
State: Austria
Date of decision:

The applicant was born in 1974 to an Iranian father and Austrian mother, and by virtue of the laws applicable at the time only acquired Iranian nationality. Austrian nationality was granted to him by a court decision in 1981. He later moved to the US where he wishes to naturalise, and requested permission from Austria to retain Austrian nationality. Such permission, however, can only be granted to nationals by birth. The Court found a violation of the principle of equality of treatment among nationals. 

Court name: Constitutional Court of Austria (Verfassungsgerichtshof)
State: Austria
Date of decision:

The applicant acquired Austrian nationality in 1995 and renounced her former Turkish nationality in 1996 as a condition for retaining the Austrian nationality. In 2018 the Austrian authorities declared that she has no longer been an Austrian national since 1997 as it appeared that she voluntarily re-acquired her Turkish nationality at that time, which is a ground for automatic loss of Austrian nationality. The Court set aside the determination of loss of Austrian nationality as it did not carry out a proportionality test on the basis of the Tjebbes judgment.

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

The applicant received assurance of obtaining Austrian nationality if she renounces her Estonian nationality. After the renunciation, it appeared that the applicant committed two administrative offences related to her driving, which in addition to the eight she committed previously were considered as an indication of her no longer fulfilling the public order requirement for naturalisation. This resulted in the withdrawal of assurance of obtaining Austrian nationality, leaving the applicant stateless. 

Court name: Constitutional Court of Austria (Verfassungsgerichtshof)
State: Austria
Date of decision:

The applicant received an assurance of acquiring Austrian nationality if she renounces her former, Serbian, nationality. Shortly after the renunciation the applicant lost her job and was unable to find alternative employment due to her statelessness, which resulted in her no longer complying with the income requirement for acquiring Austrian nationality. The Court declares unconstitutional the law which requires continuous fulfilment of all the conditions for naturalisation, even after Austrian nationality has been conditionally granted and the former nationality has been renounced.