ECtHR - Andrejeva v. Latvia

Court name: European Court of Human Rights
State: Latvia
Date of decision:
Legal instruments: European Convention on Human Rights (ECHR)
Key aspects: Acquisition of nationality, Rights of non-citizens, Stateless status and documentation, Statelessness determination

The applicant was previously a national of the former USSR, before becoming a “permanently resident non-citizen” of Latvia, where she moved at age 12. Her case is concerned with the deprivation her of pension entitlements in respect of 17 years’ employment due to discriminatory reasons regarding her lack of Latvian nationality. The Court ruled that there had been a violation of the applicant’s rights under Article 14 taken in conjunction with Article 1 of Protocol No. 1 and Article 6 § 1 of the Convention.

Luxembourg - Administrative Court, judgment no. 25378C

Court name: Administrative Court of Luxembourg
State: Luxembourg
Date of decision:
Legal instruments: 1954 Statelessness Convention
Key aspects: Access to social and economic rights, Burden of proof, Determination/confirmation of nationality, Standard of proof, Statelessness and asylum, Statelessness determination

The applicant made several unsuccessful applications for asylum and other protection statuses in Luxembourg, before applying for a statelessness status. The latter was refused, as the Algerian consular authorities' statement concerning the applicant was interpreted as lack of confirmation of the applicant's identity, not a denial of Algerian nationality to him. 

Belgium - Gent Court of Appeal, judgment no. 2008/AR/1232

Court name: Gent Court of Appeal
State: Belgium
Date of decision:
Legal instruments: 1954 Statelessness Convention
Key aspects: Burden of proof, Deprivation of nationality, Determination/confirmation of nationality, Standard of proof, Statelessness determination

The applicant arrived in Belgium in 2000 from Kazakhstan. He claimed to have lost his Kazakh nationality on the basis of a Kazakh law providing for such loss in case of permanent residence abroad for over 3 years without registration at the consulate. The Court studied the relevant Kazakh legislation as well as the implementing Presidential Decree, and found that such loss is not automatic, but requires a decision of a competent authority instead, and therefore the applicant's statelessness was not sufficiently substantiated. 

France - Paris Administrative Court, case no. 09PA00158

Court name: Paris Administrative Court
State: France
Date of decision:
Legal instruments: 1954 Statelessness Convention
Key aspects: Statelessness determination

A Palestinian refugee in France applied for a statelessness status, which was rejected by OFPRA as it considered that the applicant falls under the exclusion grounds of Article 1(2) of the 1954 Convention. The Court annuls OFPRA's decision, stating that the applicant no longer enjoys the protection of UNRWA after having left the West Bank, and that the voluntary nature of his departure from UNRWA territory does not amount to him having voluntarily placed himself in the situation of statelessness. 

Belgium - Court of Cassation, judgment no. C.06.0427

Court name: Court of Cassation
State: Belgium
Date of decision:
Legal instruments: 1954 Statelessness Convention
Key aspects: Statelessness determination

When a Palestinian refugee has left the territory covered by UNRWA’s mandate, she or he does no longer benefit from that protection. Thus, she or he cannot be legitimately excluded from the Statelessness Convention.