- 1 result found
- 2004
- Residence permit
- Clear
Court name: Administrative Court of Luxembourg
State: Luxembourg
Date of decision:
Legal instruments: 1954 Statelessness Convention, European Convention on Human Rights (ECHR)
Key aspects: Burden of proof, Exclusion grounds, Residence permit, Standard of proof, Stateless status and documentation, Statelessness determination
The applicant was born in South Africa, and subsequently lived in Zimbabwe and Spain before arriving to Luxembourg, where he applied for the recognition of his statelessness status. The request was initially refused by the authorities since the applicant was not residing legally in Luxembourg at the time he submitted the application, but the courts ruled in applicant's favour, finding that the applicants residence status in Luxembourg is irrelevant for establishing whether he is stateless.