- 2 results found
- 2007
- 1954 Statelessness Convention
- Spain
- Clear
Court name: Supreme Court (Tribunal Supremo)
State: Spain
Date of decision:
Legal instruments: 1954 Statelessness Convention, European Convention on Human Rights (ECHR)
Key aspects: Country of return, Deportation and removal, Protection
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.
Court name: Supreme Court (Tribunal Supremo)
State: Spain
Date of decision:
Legal instruments: 1954 Statelessness Convention, 1961 Statelessness Convention
Key aspects: Acquisition of nationality, Burden of proof, Standard of proof, State succession, Statelessness determination
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.