Court name: Court of the Hague
Date of decision:
Legal instruments: 1961 Statelessness Convention, 1997 European Convention on Nationality
Key aspects: Acquisition of nationality, Childhood statelessness, Determination/confirmation of nationality, Residence permit, Statelessness determination
A child is born in the Netherlands in 2016, and has resided there since, without a legal residence permit. A request was made on behalf of the child to determine that he has Dutch nationality, on the basis of direct application of article 1 of the 1961 Convention, as he would otherwise be stateless. The Court refuses, as it considers this to be a question of granting Dutch nationality, and not of determination of Dutch nationality, which the Court is not empowered to do.