Austria - Constitutional Court case of 15 September 2016

Court name: Constitutional Court of Austria (Verfassungsgerichtshof)
State: Austria
Date of decision:
Key aspects: Burden of proof, Determination/confirmation of nationality, Establishing identity, Protection, Residence permit, Standard of proof, Stateless status and documentation, Statelessness and asylum

The applicant was born in Iraq and formerly possessed Iraqi identity documents. After establishing permanent legal residence in Austria he applied for a travel document for foreigners on the basis that he has an "unclear nationality" status. The application was rejected without granting the applicant the right to an oral hearing. The Constitutional Court upheld the applicant's right to have an opportunity to explain his allegedly unclear nationality status in an oral hearing.