CJEU - Bilali v Bundesamt für Fremdenwesen und Asyl, C-720/17

Court name: Court of Justice of the European Union
State:
Date of decision:
Legal instruments: 1954 Statelessness Convention, European Convention on Human Rights (ECHR), European Union law
Key aspects: Deportation and removal, Determination/confirmation of nationality, Establishing identity, Establishing identity, Procedural safeguards, Refugee status determination, Respect for private and family life, Statelessness and asylum

The case concerned the interpretation of Article 19 of the Directive (2011/95/EU, Qualification Directive). Specifically, the applicant had been granted subsidiary protection by the Austrian authorities on the mistaken basis that he was an Algerian national. The applicant was not responsible for the mistake, having rather declared throughout the proceedings that he was stateless. The CJEU held that under the Qualification Directive a State is under the obligation to revoke subsidiary protection if information emerges to prove that an individual never satisfied the requirements under the Directive.

Ukraine - Supreme Administrative Court, judgment no. 813/1774/18

Court name: Supreme Administrative Court
State: Ukraine
Date of decision:
Legal instruments: 1961 Statelessness Convention, 1997 European Convention on Nationality, European Convention on Human Rights (ECHR)
Key aspects: Burden of proof, Deportation and removal, Deprivation of nationality, Determination/confirmation of nationality, Residence permit, Respect for private and family life

The applicant's Ukrainian nationality was withdrawn rendering him stateless, and subsequently a travel ban of 3 years was imposed on him due to a procedural violation of the border crossing rules. The applicant argued that the travel ban is disproportionate, that he enjoys lawful residence in Ukraine, has very close ties with Ukraine, and that the ban interferes with his right to challenge the deprivation of nationality which rendered him stateless in person in court.