The applicant is a stateless person, who committed an administrative offence of drug abuse, and was sentenced to administrative detention and expulsion. The Court considered that in his specific circumstances, which included statelessness and long-term residence in Russia since childhood, expulsion would be a disproportionate measure at risk of violating Russia's international human rights commitments, and reduced the sentence to administrative detention only.
The applicant originates from former Soviet Union, and has lived in Luxembourg since 2004, unsuccessfully applying for the recognition of a statelessness status on numerous occasions. His identity has never been confirmed, and there were doubts as to the credibility of his testimony stemming from his asylum procedures. The applicant claimed that after 15 years of inability to determine the country of destination for his removal the attempts at deportation should be terminated, and his statelessness recognised, especially considering his poor health condition.
The applicant is of Roma ethnic origin, with parents from former Yugoslavia, who was born, grew up, and worked his whole life in Austria. He has had a permanent residence permit until 1995, when the latter was withdrawn due to applicant's criminal convictions. The Court found the applicant to be stateless, and determined that expulsion of a stateless person without a former country of habitual residence amounts to violation of Article 3 ECHR.
The applicant, a statelessness individual originally from Iran, is subject to a deportation order as a result of the commission of a criminal offence in Spain. The Spanish Supreme Court establishes that a criminal conviction is not sufficient to expel a stateless person on grounds of national security and revokes his deportation.
This case concerns an applicant who sought to quash the decision of the respondent which refused to revoke a deportation order made in respect of the applicant. The respondent contended that the applicant had been untruthful throughout the asylum process about his nationality and was therefore not entitled to any relief, while the applicant contended that the applicant’s untruthfulness should not be a bar to relief as substantial grounds established that a real risk to the applicant's life or freedom was inevitable. The Court found in favour of the applicant and quashed the decision of the respondent refusing to revoke the deportation order.