This case concerned an appeal as to whether an applicant for subsidiary protection may be considered both as a national of a third country and a stateless person simultaneously under the European Communities (Eligibility for Protection) Regulations 2006 and the Qualification Directive. The Court held that a person who is a national of a state is not a stateless person and that such state or country is his country of origin in relation to which his application must be primarily decided.
The applicant appplicant was born in Russia and renounced his Russian nationality in 2000. He applied for a statelessness status in Luxembourg in 2008, but it was discovered that he had applied for asylum status in the Netherlands in 2006, which was rejected, so Luxembourg transferred the applicant to the Netherlands under the Dublin regulation. The applicant returned several times to Luxembourg and was sent back to the Netherlands. He made a repeated application for statelessness status in 2014, where the courts accepted his argument that statelessness status determination doesn't fall within the scope of the Dublin regulations, and the court also accepted that his voluntary renunciation of Russian nationality does not exclude him from protection under the 1954 Convention.
The applicant is a Palestinian from Syria, who holds a refugee status in Hungary. He also applied for a recognition as a stateless person in Luxembourg. The Court found that the 1954 Statelessness Convention was conceived as complementary to the Refugee Convention. Since the applicant as a refugee in Hungary received at least as good a protection as a Palestinian in an UNRWA protected territory, the latter category being explicitly excluded from the protection scope of the 1954 Convention, the applicant did not qualify for the recognition of a statelessness status in Luxembourg.
The applicant received asylum status as a stateless Palestinian, but his request to register his statelessness in the municipal civil records was rejected due to lack of evidence. He has an original UNRWA document and an ID from Lebanon, but they were considered insufficient proof of identity as well as of statelessness. The applicant complained that inability to affirm his statelessness violates his identity rights under article 8 ECHR, as well as his rights as a stateless person under EU law, both of which arguments didn't succeed.