The communication concerned M.K.A.H., a stateless child, and centred around whether Switzerland violated his rights under Articles 2 (2), 6, 7, 16, 22, 24, 27, 28, 29, 37 and 39 UNCRC when it decided to return him and his mother back to Bulgaria, pursuant to the agreement between Switzerland and Bulgaria relating to the readmission of migrants in irregular situations, where they had previously obtained subsidiary protection.
Some of the findings of the Committee included: (i) Switzerland had not respected the best interests of the child nor heard him at the time of the hearing of the asylum request; (ii) the child ran a real risk of being subject to inhuman and degrading treatment in case of a return to Bulgaria; (iii) Switzerland had not sought to take the necessary measures to verify what access to nationality the child could benefit from in Bulgaria. Article 7 UNCRC implicates that States must take the necessary positive actions to implement the right to acquire nationality.
The applicant was born in the Russian Federation and his birth was not duly registered. Lacking identity documents and unable to prove his nationality, he was detained in Ukraine for the purpose of expulsion. The Court held that the authorities did not act diligently to contact the Russian embassy and obtain documentation to evidence the applicant's Russian citizenship, and failed to review the lawfulness of his detention and to provide an effective remedy, in violation of Article 5(1), (4) and (5).
The applicant, a Moroccan national who acquired French nationality, was sentenced to seven years’ imprisonment in 2013 for involvement in a conspiracy to carry out terrorist acts in France and other countries. He was deprived of his French nationality and was served with an expulsion order: despite requesting an interim measure under grounds of Article 3 ECHR he was returned to Morocco.
The applicant claimed, inter alia, that his removal violated his rights under Article 3 ECHR due to the risk that he would be exposed to ill-treatment in the event of his return and that his removal in breach of the European Court of Human Rights (the Court) interim measure violated Article 34 ECHR.
After discovering that the applicant had omitted information when applying for Russian citizenship, his citizenship was annulled and an entry ban was enforced. In light of the far reaching consequences of this decision, and its apparent arbitrary nature, the Court held that the annulment interfered with the applicant's rights as guaranteed under Article 8 of the Convention. Furthermore, the expulsion of the applicant from Russian territory failed to respect the principle of proportionality, particularly given the lack of evidence of any threat to Russian national security posed by the applicant, thereby violating Article 8.
The applicant is a dual Dutch/Moroccan national whose Dutch nationality was withdrawn on the basis of a criminal conviction for terrorist activities. The Court rejected the applicant's appeal, concluding, among others, that prevention of statelessness is a valid reason for differentiated treatment between those with a single and with multiple nationalities, and that withdrawal of nationality is not a punitive measure. Withdrawal of nationality in addition to the criminal sentence does not violate the principle that prohibits repeated punishments for the same action.
The three appellants are a Stateless man with Palestinian origins, born in Kuwait, who moved to Bulgaria, and his two children born in and holding Bulgarian nationality. The first applicant's permanent residence permit was withdrawn because of engagement in alleged religious extremism, and he was detained and subsequently deported to Syria. The Court held that there had been a violation of Article 5 § 4, 8, and 13 as a result of the deportation.
The applicant is a child who was born in Ireland to a Cameroonian mother and a Ghanaian father, it was asserted that the child was stateless. The Refugee Appeal Tribunal denied the child applicant refugee status and the applicant requested a judicial review of the tribunal’s decision. The application centred around the tribunals alleged wrongful reliance on the applicant’s right to acquire citizenship in Ghana and Cameroon. The application for judicial review was ultimately unsuccessful.
The applicant brought an appeal challenging the constitutionality of s.19 of the Irish Nationality and Citizenship Act 1956, which governs the procedure by which revocation of naturalisation is determined. The fact that the Minister initiated the revocation process, appointed the committee charged with conducting the inquiry and then reached the final decision, was unconstitutional according to the applicant, as it breached the right to fair procedures. The Court held that s.19 was unconstitutional because it did not provide the procedural safeguards required to meet the high threshold of natural justice applicable to a person facing such severe consequences, i.e. revocation of naturalisation.
Procedural aspects of statelessness determination should be the same as in the asylum application procedure, as the SPD procedure is not specified in national law. This means that the deadline for issuing a decision on statelessness is 6 months with the possibility of extension.
The applicant was born in 1962 in the Uzbek SSR of the Soviet Union. Since 1990 he has been living in St Petersburg, Russia. It appears that he did not acquire any nationality following the break-up of the USSR. He was undocumented and stopped by the police and later detained until his expulsion. The Embassy of Uzbekistan informed the Federal Migration Service that the applicant was not a national of Uzbekistan. The applicant was released on the basis of expiry of the two-year time – limit for enforcement.