Switzerland - Federal Administrative Court, judgment no. C-1873/2013

Court name: Federal Administrative Court of Switzerland
State: Switzerland
Date of decision:
Legal instruments: 1954 Statelessness Convention
Key aspects: Acquisition of nationality, Determination/confirmation of nationality, Statelessness and asylum, Statelessness determination

The complainant, a Syrian Kurd with provisional refugee status in Switzerland, applied for recognition as stateless. Her application was rejected on the grounds that a) she was entitled to Syrian nationality and b) she was already protected by the Refugee Convention. On appeal, the court held that the complainant was entitled to apply for recognition as stateless notwithstanding her status as a refugee and that, since the complainant would have to travel to Syria to claim nationality there, she had adequate reasons for not claiming the nationality to which she had an entitlement and could be recognised as stateless.