- 7 results found
- Acquisition of nationality
- Standard of proof
- State succession
- Clear
The applicant is from Western Sahara and identifies as a Sahrawi, a territory occupied by Morocco. Having fled to France, he argued that he should qualify as a stateless person even though his birth certificate indicates that he has Moroccan nationality. He argued that this matter should be referred to the CJEU for a preliminary ruling.
The applicant was born in Yugoslavia on the territory of Croatia, to parents who were born on the territory of Bosnia and Herzegovina. The applicant's birth registration erroneously included an entry "Muslim", which was subsequently crossed out and replaced by a reference to his origin from Bosnia and Herzegovina. The applicant argued that he should have been registered as a Croatian national at birth, just like his brother was, and that denial of Croatian nationality status would mean that he became stateless after the dissolution of Yugoslavia.
The applicant attempted to naturalise in the Netherlands, but her request was rejected because she did not submit a legalised birth certificate. The applicant argued that as an ethnic Armenian from Azerbaijan she is most likely stateless, and would not be able to get assistance from the authorities in obtaining a birth certificate. The Court upheld the administrative decision to deny naturalisation, as not sufficient evidence was provided that it was in fact impossible for the applicant to obtain a birth certificate in her country of origin.
The applicants are ethnic Armenians from Azerbaijan, and claim to be stateless. The applicants applied for naturalisation, which was denied to them on the basis that their identity could not be adequately established, as they neither submitted a valid travel document nor a valid birth certificate from Azerbaijan, and the Dutch municipality records did not formally recognise them as stateless.The Court upheld the administrative decision.
Applicant was born in Macedonia and lived in the Netherlands for 38 years. His path to naturalisation was inhibited by the registration of his nationality status as "unknown" in the municipal records, which he requested to change to "stateless", arguing that he has never acquired the Macedonian nationality. The Council of State sided with the municipality that denied the request, maintaining that it has not been "irrefutably established" that the applicant is not a Macedonian national. The judgment refers to the Dutch legislative initiative on the statelessness determination, implying that it is needed, and that the municipal registry is not a statelessness determination procedure.
The applicant is a Saharawi man who was born in the former Spanish Sahara and who, in 1979, fled to the Saharawi refugee camps in Tindouf (Algeria), where he lived until 2005, when he arrived in Spain after being issued a passport by the Algerian authorities. In Spain, he applied for statelessness status. The Ministry of Interior rejected his application based on his Algerian passport, but this decision was overturned, on appeal, by the High Court, which found that Algerian passports are just travel documents.
The case concerns a Saharawi woman who was not recognised as a stateless person by the Ministry of Interior, in a decision which was later upheld by the High Court. The Supreme Court overturned both the lower decisions.