Court name: Constitutional Court of Austria (Verfassungsgerichtshof)
Date of decision:
Legal instruments: 1954 Statelessness Convention
Key aspects: Access to social and economic rights, Acquisition of nationality, Determination/confirmation of nationality, Protection, Residence permit, Stateless status and documentation, Statelessness determination
After having been born, having lived, worked and and paid taxes in Austria his whole life the applicant was told he is not entitled to unemployment benefits as he did not have a right to work in Austria. While he was granted Austrian nationality upon application, he argued that he was entitled to unemployment benefits also in the time frame between becoming unemployed and acquiring the nationality, invoking his statelessness, and lack of implementation of Statelessness Conventions by Austria. The Court denies direct applicability of the Statelessness Conventions in Austria, and rules against the applicant.