Court name: Constitutional Court of Austria (Verfassungsgerichtshof)
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.