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.