Court name: Administrative Court of Luxembourg
Date of decision:
Legal instruments: 1954 Statelessness Convention, European Union law
Key aspects: Burden of proof, Determination/confirmation of nationality, Exclusion grounds, Standard of proof, Stateless status and documentation, Statelessness and asylum, Statelessness determination
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.