• 243 results found
Court name: Constitutional Court
State: Romania
Date of decision:

Decision no. 458/2012 concerns an objection to the unconstitutionality of Article 13 (1) of the Romanian Citizenship Law no. 21/1991 (the “Romanian Citizenship Law”), an article which requires individuals applying for acquisition/re-acquisition of citizenship to submit their request in person.

The applicant argued that the article infringes (i) Article 16 (1) of the Romanian Constitution guaranteeing the equal treatment of individuals before the law, (ii) Article 21 (1) - (2) of the Romanian Constitution regarding the free access to justice, (iii) Article 24 of the Romanian Constitution – the right of defence, as well as (iV) the right to a fair trial guaranteed under Article 6 ECHR.

The Romanian Constitutional Court rejected the objection. It noted that, as this procedure is purely administrative, it does not fall under the scope of Article 16 (1) and Article 21 (1) - (2) of the Romanian Constitution, nor is Article 6 of ECHR applicable. The Romanian Constitutional Court highlights that the presence of the applicant (in the process of acquiring citizenship) is the first proof of the interest that one shows in obtaining citizenship, as an expression of the connection and belonging of a natural person to the Romanian State.

Court name: Court of Session (Scotland)
Date of decision:

The case concerns an application for asylum by a Cameroonian national, a single mother with a child born in the UK. The applicant claimed that the child’s father was a German national exercising his EEA treaty rights in the UK, and that the child may accordingly be a British citizen. The Court of Session held that the Upper Tribunal erred in not adjudicating an application for directions filed by the applicant to obtain documents to ascertain the father’s nationality. In respect of the documents required, the court held that there was no duty to enquire on the part of the Secretary of State, to identify and produce appropriate documents. The court also noted that the applicant’s situation as a single mother with a child who would be without family support was a material consideration in assessing her claim for asylum.

Court name: Court of Appeals of Gipuzkoa
State: Spain
Date of decision:

A 7-year-old child arrived in Spain irregularly by boat in April 2018. She was born in Morocco to a Cameroonian mother while they were on a journey to Europe, and due to the circumstances the child’s birth was not registered. Her mother contacted the Cameroonian and Moroccan embassies in Spain, but she never succeeded in registering her birth nor recognising her Cameroonian nor Moroccan nationality. The child was thus stateless, as declared in the first instance judgment and confirmed on appeal. The Provincial Court of Guipúzcoa held that the mother had made a genuine effort to remove all bureaucratic obstacles to have the child’s Cameroonian nationality recognised. The Court held that the safeguard established in the Spanish Civil Code to prevent statelessness of children born in Spain should be applied broadly and by analogy, as this is the only interpretation in compliance with international treaties to which Spain is a party and with the principle of the best interests of the child. Therefore it found that there was a violation of the child's fundamental rights and declared that the child held Spanish nationality and agreed to order the Central Civil Registry to register the birth of the child. 

Court name: European Court of Human Rights
State: Latvia
Date of decision:

This case concerns the difference in treatment between citizens of Latvia and ‘permanently resident non-citizens’ of Latvia with regard to the calculation of their pension rights. For the latter group, employment periods accrued outside of Latvia prior to 1991 in other parts of the USSR are excluded from the calculation. The Court found that direct difference in treatment on the grounds of nationality in pensions does not violate the ECHR, as when determining that difference in treatment, Latvia pursued a legitimate aim and this measure was proportionate to that aim. It noted that applicants decided not to naturalise in Latvia, where they resided. The Court also found that the assessment of whether the difference in treatment is justified by 'very weighty reasons' (test applied where there is a direct different of treatment on the sole ground of nationality) must be carried out considering the wide margin of appreciation in this case.

Court name: High Court of Justice, Queen's Bench Division, Administrative Court
Date of decision:

An Afghan national held in immigration detention brought a claim contending that the failure to provide access to free (publicly funded) initial immigration advice for immigration detainees held in prisons is discriminatory, as detainees held in Immigration Removal Centres (IRCs) have access to such advice instead. The High Court found that the difference in treatment between detainees in prisons and detainees in IRCs constituted unlawful discrimination contrary to Article 14 of the European Convention on Human Rights (ECHR), read in conjunction with Articles 2, 3, 5 and 8. The High Court rejected the argument that the difference in treatment was justified on the basis that the class of immigration detainees held in prisons is not relevant “other status” for Article 14 purposes, and found that detainees held in prisons are in a sufficiently analogous position to their counterparts held in IRCs to qualify for the same rights.

Court name: UK Supreme Court
Date of decision:

The appellant, a Rwandan national, was granted refugee status in the UK but was subsequently convicted of a number of offences. The Secretary of State for the Home Department has powers, under the Nationality, Immigration and Asylum Act 2002 to order the deportation of persons convicted of serious offences, which included an offence committed by the appellant. The Secretary of State ordered the appellant’s detention pending deportation and the appellant initially sought judicial review of the deportation order, only to then focus on the lawfulness of the detention. Following the decision in R (Draga) v Secretary of State for the Home Department [2012] EWCA Civ 842, where the Court of Appeal ruled detention lawful even where based on an unlawful deportation order, the Court of Appeal dismissed the appellant’s substantive appeal. The Supreme Court overturned the decision.

Court name: High Court of Justice, Queen’s Bench Division (Administrative Court)
Date of decision:

The claimant, born in a refugee camp in Western Sahara, asserted he is a stateless person within the meaning of article 1(a) of the 1954 UN Convention relating to the Status of Stateless Persons (although he never made a formal statelessness application) and alleged that he was unlawfully detained under immigration powers, pending deportation. The Secretary of State attempted to obtain an emergency travel document for the claimant from various foreign authorities, yet delays were encountered. The claimant was detained throughout but it was held that the Secretary of State was acting with reasonable diligence, the decision to detain the claimant was not unlawful considering the circumstances and there was a reasonable prospect of removal during the period of detention. The claimant was a persistent absconder with multiple convictions, had been assessed as posing a high risk of harm to the public, and these factors weighed against him when assessing what was a reasonable period of detention.

Court name: Court of Justice of the European Union (CJEU)
State: Poland
Date of decision:

The case concerns the refusal by the Head of the Civil Registry Office of Kraków (Poland) to transcribe into the Polish register of civil status the birth certificate of the daughter of K.S. and her wife S.V.D., issued by Spanish authorities. This lack of registration hindered the issuance of a passport, which impacted the child’s freedom of movement.

The Court interpreted Articles 20 and 21 of the TFEU, to mean that the Member State of which a child of a same-sex couple is a national (i) is obliged to issue to that child an identity card or a passport without requiring the prior transcription of a birth certificate of that child into the national register of civil status, and (ii) is obliged to recognise the document from another Member State that permits the child to exercise, without impediment, the right to move and reside freely within the territory of the Member States.

Court name: The High Court of Justice Queen’s Bench Division Administrative Court
Date of decision:

Two of the applicants, E3 and N3, were deprived of their British citizenship by the defendant, the Secretary of State for the Home Department. Following the determination of the Special Immigration Appeals Commission (“SIAC”) in similar cases, the defendant withdrew her deprivation decisions against the applicants, whose citizenship was reinstated. 

During the period of deprivation, the third applicant, ZA, who is the daughter of one of the applicants, was born. The applicants claimed that ZA should be automatically entitled to British citizenship. The court held that the child of a British citizen born during a period in which her father had been deprived of his citizenship (which was later reinstated), was not automatically British at birth, as the decision to reinstate the father’s citizenship did not have retroactive effect.  

Court name: High Court of England & Wales, Family Division
Date of decision:

In the context of ongoing care proceedings, the court approved a local authority’s application to register the birth of a child, where the parents refused to do so and the father was opposed to registration on the grounds that, in his view, the United Kingdom is an authoritarian and capricious State.

Court name: Upper Tribunal (Immigration and Asylum Chamber)
Date of decision:

This appeal to the Upper Tribunal of the Immigration and Asylum Chamber concerns the Secretary of State for the Home Department’s (hereinafter SSHD) decision to deprive the appellant of his British citizenship. The Upper Tribunal addressed the issue of whether Article 8(1) of the ECHR was engaged and whether the SSDH discretionary decision under section 40(2) or (3) to deprive the individual of his or her British citizenship was exercised correctly. The grounds for judicial review is that the delay in acting on the appellant’s fraud reduces the public interest in deprivation and is a disproportionate interference with Article 8 ECHR.

Court name: European Court of Human Rights
State: Denmark
Date of decision:

The case concerns Danish authorities’ decisions to deprive a dual national of his Danish citizenship and to deport him, following conviction for receiving training with ISIS. This was found to be compliant with Article 8 ECHR. The Court reasoned that deprivation of nationality was not arbitrary, that there had been sufficient opportunities to appeal, and that the crime in question, terrorism, was a serious one that endangered human rights. The punishment of deprivation of nationality was found to be proportionate. The Court also found that deprivation of nationality in this instance did not result in impermissible consequences as it did not render the applicant stateless.

Court name: Supreme Court
State: Ireland
Date of decision:

This appeal arose from decisions of first and second respondents to refuse the appellant’s application for an Irish passport on the basis that he is not an Irish citizen. The appellant’s passport application was on grounds of automatic birth right citizenship derived through the residence of his father, an Afghan national, who gave false information on his initial refugee application in the State. The Court of Appeal had decided in favour of the Minister, holding that a declaration of refugee status which is revoked on the basis that the applicant had provided false and misleading information leads to the declaration being void ab initio.

The Supreme Court allowing the appeal, held that while a refugee declaration is ‘‘in force’’ and until such time as it is revoked, it must be regarded as being valid. This was based on the fact that the Minister for Justice has a discretion as to whether or not to revoke and is only required to do so when it is considered appropriate. This discretion would have enabled the Minister for Justice in an appropriate case to consider the effect of a decision to revoke on those who obtained derivative rights prior to revocation. The Court held that residence status conferred by the State on a parent based on false or misleading information could be included for the calculation of the period required to confer an entitlement of citizenship on the appellant.

Court name: Conseil d'État
State: France
Date of decision:

Article 25 of the French Civil Code provides that an individual may be stripped of their French nationality where, inter alia, it was acquired by naturalization and where the individual has been convicted of a crime that constituted an attack on the fundamental interests of France or an act of terrorism. Deprivation of French nationality is not allowed where it would render the individual stateless. The applicant was deprived of his French nationality, which he had acquired by naturalization, following a decision of the Paris Criminal Court (Tribunal de Grande Instance de Paris) convicting him for his participation in an association of criminals with a view to preparing an act of terrorism. That court found that he had joined a terrorist group and participated in training and armed operations of that group. The Council of State (Conseil d’État) upheld the decree of deprivation of nationality because the applicant held Algerian nationality since birth and could not be deprived of it since the Algerian code of nationality only authorises the deprivation of nationality for persons who have acquired it after birth. Therefore, the loss of French nationality would not render him stateless and was thus not illegal under French law. The Council of State also ruled on the proportionality of the decree with regard to the European Convention on Human Rights and found that, given the seriousness of the crimes committed by the applicant, the challenged decree did not disproportionately infringe the right to respect for his private life guaranteed by Article 8 of the ECHR.

Court name: Court of Appeal (Civil Division)
Date of decision:

The appellant, a child born to a Zimbabwean mother and Portuguese father, was not a recognised national of any country and consequently applied for limited leave to remain in the United Kingdom through paragraph 405 of the Immigration Rules. However, for paragraph 405 of the Immigration Rules to apply, individuals must also satisfy the conditions of paragraph 403, which include a requirement that individuals be inadmissible to any country other than the UK. The Court of Appeal affirmed the Upper Tribunal’s decision that JM was admissible to Zimbabwe and therefore did not qualify for limited leave to remain in the country under paragraph 405.

Court name: Upper Tribunal (Immigration and Asylum Chamber)
Date of decision:

This application for judicial review concerns the Secretary of State for the Home Department’s decision to refuse the applicant’s application for leave to remain in the United Kingdom as a stateless person on the basis that she could have re-entered the Kuwait lawfully through a travel document she had been provided with by the Kuwaiti authorities. The Upper Tribunal addressed the issue of the correct interpretation of ‘admissibility’ of a person who claims to be stateless to their country of former habitual residence, under paragraph 403(c) of the Immigration Rules. The single ground of judicial review is that the respondent’s definition of ‘admissible’ is unlawful, irrational and/or inconsistent with her own policy. The court found that 'admissible' means the ability to enter and reside lawfully and does not incorporate the concept of 'permanent residence'.

Court name: Upper Tribunal, Immigration and Asylum Chamber
Date of decision:

The case is a judicial review of the decision by the Secretary of State to reject the applicant’s application for limited leave to remain in the United Kingdom as a stateless person under paragraph 403 of the Immigration Rules. The Upper Tribunal found that the Secretary of State’s decision was unsustainable as the Secretary of State failed to comply with a duty to give effect to the terms of its own published policy, and the public law duty of enquiry, requiring it to proactively participate in the collection of information relevant to the decision being made.  Furthermore, the Upper Tribunal held that the Secretary of State’s decision was vitiated by an error of law, as the language of Article 1(1) of the 1954 Convention requires a decision-maker to ask itself if an applicant is a national of any State at the time of the determination.

Court name: Upper Tribunal (Immigration and Asylum Chamber)
Date of decision:

The case concerns a Belarusian individual who had entered the UK in 1998, whose asylum applications were refused and who spent the subsequent eighteen years in immigration bail as his identity could not be confirmed and he could not be deported to Belarus. As he had left Belarus in 1991, he had effectively lost his Belarusian nationality and had become stateless. He complained that the state of “limbo” in which he was as a result of his immigration bail constituted an infringement of his right to private life. The court refused his application.

Court name: Irish High Court
State: Ireland
Date of decision:

This matter concerns the hearing of an application for judicial review of the decision of the Refugee Appeals Tribunal (RAT) on 20 May 2006. The purpose of this application was to affirm an earlier recommendation of the Office of the Refugee Applications Commissioner (ORAC) that the applicant should not be granted a declaration of refugee status. The leave to apply for judicial review was granted on four grounds. Firstly, there was a failure to consider the submissions of the applicant to the effect that the refusal of the Libyan State to admit her constituted a form of persecution. It was found that the respondent failed to consider the significance of such a refusal. Secondly, there was a failure to consider vital evidence submitted on the applicant's behalf. Thirdly, there was a failure to consider the applicant’s account of the extent to which she lived her life in fear and how general daily activities involved avoiding attached and finally, there was a failure to have regard to the applicant’s fear of persecution. The court rejected the application as it was satisfied that the RAT had considered the applicant's evidence and found that she did not have a well-founded fear of persecution. The court also relied on English case law to confirm that statelessness per se does not confer refugee status.

Court name: England and Wales High Court (Queen's Bench Division)
Date of decision:

The Home Office was not authorised to detain an individual subject to a deportation order for longer than the period reasonably required to “enable the machinery of deportation to be carried out”, nor for any other purpose.

The applicant, M.  Singh, applied for release from detention on the basis that he was being held unlawfully whilst his deportation was delayed. The judge found that the powers within the Immigration Act 1971 (the “1971 Act”) contained implied limitations, such that unless the Home Office could prove to the court, within three days following the hearing, that Mr Singh’s deportation was imminent, he should be released on the basis that the implied limitations on the exercise of the power to detain had not been complied with.

Court name: Court of Giurgiu (in Romania Judecatoria Giurgiu - first instance)
State: Romania
Date of decision:

The applicant, a stateless person from Kuwait, filled an application to be granted refugee status in Romania, and, alternatively, any form of protection. The competent authority, the General Inspectorate for Immigration, Asylum and Immigration Department, rejected the request. The applicant challenged this decision in court, but the court confirmed the rejection of his application, considering that the applicant did not meet the criteria provided by Romanian law in order to be granted with refugee status or any other form of subsidiary protection in Romania. 

Court name: Constitutional Court
State: Romania
Date of decision:

The claimant is a stateless person whose Romanian nationality was withdrawn by the National Citizenship Authority (“Autoritatea Nationala a Cetateniei”) on the grounds that he is known to have links with terrorist groups or has supported, in any form, or has committed other acts that endanger national security. Romania law provides that in such cases, the order issued by the National Citizenship Authority can be appealed in court, and the decision issued by this court is final and irrevocable. The claimant raises an objection of unconstitutionality with regard to this law, because it violates the principle of the double degree of jurisdiction provided for in the EU law in criminal matters, assimilating the matter in question with a criminal matter as defined by the EU law.

 

 

Court name: Court of Justice of the European Union
Date of decision:

This case concerns a mother and child, NB and AB, stateless Palestinians formerly residing in Lebanon who are registered with UNRWA. AB is severely disabled and has complex medical issues and other needs. They sought asylum in the United Kingdom on the basis of Article 1D of the Refugee Convention. The Court considered whether they qualify to be granted ipso facto refugee status under Article 1D of the Refugee Convention. The Court found that the burden of proof lies with the applicants to prove that they have actually had recourse to UNRWA’s protection or assistance and that that protection or assistance has ceased, but, once that is established, if the authority considers that the applicant could now return to UNRWA’s area of operation, it is for that authority to demonstrate that the circumstances have changed in the area of operations concerned and that the applicant can access adequate protection or assistance from UNRWA. It also held that the applicant does not need to prove that there was any intentional infliction of harm or failure; it is sufficient to establish that UNRWA’s assistance or protection has in fact ceased for any reason (beyond the applicant’s control). The Court held, inter alia, that if UNRWA cooperates with a civil society or host government agency or actor to fulfil its mission, the services by those organisations are relevant to considerations of whether UNWRA can provide adequate assistance or protection only if there is a stable and formal relationship between UNRWA and the relevant organisations, and the applicant has a durable right to such services.

Court name: UK Supreme Court
Date of decision:

A Nigerian child was unable to apply British citizenship as she could not pay the full fee, fixed at £973 at the time. The UK Supreme Court found that setting high and unaffordable fees for registration as a British citizen is not unlawful, even though it acknowledged that for many young people the current level of fees is unaffordable and that the inability to acquire British citizenship may result in difficulties for young people. However, the Supreme Court found that the UK Parliament had empowered the Secretary of State to set such fees at a level exceeding the cost of processing a citizenship application and therefore setting such high fees was not unlawful.

Court name: Court of Justice of the European Union
State: Austria
Date of decision:

JY, an Estonian national, applied for Austrian nationality. As Austria operates a 'single nationality' approach, JY renounced her Estonian nationality after receiving an assurance that she would be granted Austrian nationality once proof of her renunciation was given. This assurance was subsequently revoked due to the applicant committing two road traffic offences, leaving her stateless. In its judgment, the CJEU confirmed that the situation falls within the scope of EU law, and that the authorities' decision to revoke an assurance to grant Austrian nationality was incompatible with the principle of proportionality considering the gravity of the offences committed. The Court noted that the concepts of ‘public policy’ and ‘public security’ must be interpreted strictly and clarified their meaning, concluding that it did not appear that JY represented a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society or a threat to public security in Austria. It also held that traffic offences, punishable by mere administrative fines, cannot be regarded as capable of demonstrating that the person is a threat to public policy and public security which may justify the permanent loss of their EU citizenship.