Court name: High Court
Date of decision:
Legal instruments: 1954 Statelessness Convention, Other international law
Key aspects: Determination/confirmation of nationality, Refugee status determination, Statelessness and asylum, Statelessness determination
The applicant, a citizen of Bhutan of Nepali ethnicity was refused asylum in Ireland as the tribunal held that the applicant was stateless and that his claim for refugee status was to be determined by reference to Nepal. The applicant sought for this decision to be quashed in that the Tribunal failed to consider the applicant’s risk of persecution in Bhutan. The Court dismissed the application holding that that the discriminatory and persecutory nature of a law depriving persons of nationality is not relevant to the determination of citizenship for the purposes of refugee status or statelessness.