Court name: Administrative Court of Luxembourg
Date of decision:
Legal instruments: European Convention on Human Rights (ECHR)
Key aspects: Access to social and economic rights, Burden of proof, Country of return, Deportation and removal, Detention, Determination/confirmation of nationality, Establishing identity, Protection, Residence permit, Standard of proof, State succession, Statelessness and asylum, Statelessness determination
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.