Court name: Constitutional Court of Austria (Verfassungsgerichtshof)
Date of decision:
Key aspects: Acquisition of nationality, Burden of proof, Deprivation of nationality, Determination/confirmation of nationality, Voluntary renunciation of nationality
In order to acquire Austrian nationality, the applicant renounced her Turkish nationality in 1997. Over a decade later it came to light that she has re-acquired Turkish nationality in 1998, which according to Austrian law resulted in automatic loss of the Austrian nationality. She renounced her Turkish nationality again in 2009, but in 2010 the Austrian authorities confirmed that she was no longer Austrian since 1998. The Court found that this was not in violation of Austria's obligation to avoid statelessness since the applicant's statelessness was not caused by a decision of the Austrian authorities.