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Applicant was born in Macedonia and lived in the Netherlands for 38 years. His path to naturalisation was inhibited by the registration of his nationality status as "unknown" in the municipal records, which he requested to change to "stateless", arguing that he has never acquired the Macedonian nationality. The Council of State sided with the municipality that denied the request, maintaining that it has not been "irrefutably established" that the applicant is not a Macedonian national. The judgment refers to the Dutch legislative initiative on the statelessness determination, implying that it is needed, and that the municipal registry is not a statelessness determination procedure.
The applicant challenged the Constitutionality of the Law on Citizenship, requiring Russian citizens who want to renounce their citizenship to have another citizenship, or a guarantee of being able to acquire a different citizenship. The Court determined that Russian citizens have the right to change their citizenship, but not an unconditional right to renounce it, referring to article 15 of the UDHR and the European Convention on Nationality. The prohibition on renunciation of Russian nationality with the aim of becoming a stateless person has been found to be in accordance with the Constitution of the Russian Federation.
The case concerns an applicant who was a Ukrainian citizen and a resident of Crimean Peninsular at the time of Crimean annexation to Russia. He was originally issued with a Russian passport in 2014, which was subsequently confiscated as a government initiated verification procedure established he did not comply with the relevant residency requirements to be considered a Russian citizen. The Court, on appeal, sided with the applicant, confirming his right to Russian citizenship despite not complying with all the formal requirements.
In its reasoning the Court relied heavily on the importance to take all the relevant and factual evidence when establishing the legal fact of residence, and basing it on a broad range of evidence about the person's personal and professional life, as well as intentions, not the merely the strict formalistic rules of residence registration, especially in light of consequences of denial of access to citizenship for the applicant, and the circumstances of state succession. The Court refers extensively to international legal instruments, even those Russia hasn't ratified, such as the European Convention on Nationality and its anti-statelessness safeguards, the CoE Convention on the Avoidance of Statelessness in Relation to State Succession, as well as art. 15 UDHR, and other international legal instruments.
The Supreme Court decision laid down the principle according to which the statelessness determination procedure requires evidence of: (i) the lack of nationality of the State with which the person has significant connections and (ii) the legal or factual impossibility of obtaining the nationality of that State.
R.G. unsuccessfully applied for refugee status in 2007. In 2013 he submitted a new application claiming that he had become a stateless person after country F had refused to confirm his citizenship, and that therefore new factual circumstance had arisen that justified submitting another application.
The Court pointed out that the refusal of one country to confirm his citizenship does not automatically mean that no country will confirm his citizenship and that the question of whether he is a stateless person is irrelevant when assessing the conditions for granting refugee status or other forms of international protection.
The Court of Cassation ruled that a stateless person could be deported only in the case provided for in Article 31 of the 1954 Convention, i.e. on the basis on national security or public order, and not on the grounds of their irregular presence on the territory. Article 31 is applicable, by analogy, to de facto statelessness and/or pending a formal statelessness determination procedure, if the condition of stateless had already emerged from the information and documentation provided by the competent authorities (of the Italian state or of the country of origin). The Court recognised the de facto stateless status of the applicant and repealed the deportation orders.
The public prosecutor appealed to the Provincial Administrative Court in Kraków (“Court”) against the transcription of A.Z.’s birth certificate by the Head of the Registry Office in Krakow into the Polish Civil Register, claiming that it is contrary to the fundamental principles of the legal order of the Republic of Poland because A.Z.’s birth certificate listed two women as parents. The appeal was dismissed.
The Court stated that due to the large number of states that have ratified the Convention on the Rights of the Child and because many states include similar provisions in their national legislation, legal experts argue that the right of a child to nationality is part of international customary law, therefore everyone should acquire a nationality at birth.
Request to have nationality changed from "unknown" to "stateless" denied, as it cannot be ruled out that the applicant's father has Macedonian nationality. Applicant did not provide enough evidence to determine statelessness.
The Federal Fiscal Court decided that on a case in which a stateless person applied for child benefits from the German government. The Court held that neither Art. 24 nor Art. 29 of the 1954 Statelessness Convention provide for a right to claim child benefit and that this ruling is not unconstitutional.
Germany’s highest administrative court decides on a case in which stateless minors (the applicants) were granted German nationality. The applicants’ parents applied for their nationality using false information, namely that the family would originate from Lebanon instead of Turkey. The Court held that the withdrawal of nationality is only valid if done promptly, i.e. within a maximum of five years after the nationality has been granted.
The plaintiff sought parental allowance for her daughter and the defendant rejected the demand due to insufficient prove of identity.The court determined that the plaintiff is entitled to a parental allowance. The Act on Parental Allowance and Parental Leave (Bundeselterngeld- und Elternzeitgesetz) does not provide for the exclusion of benefits in case of general doubts about the identity of the applicant.
The court determined the appellant has the right to be granted tolerated stay due to factual impossible deportation, according to § 55 II Act on Foreigners (old version), regardless of his unclear identity.
Deprivation of nationality made as an orderly sanction for failure to fulfil obligations that apply to all citizens, cannot be considered as a form of persecution that could justify asylum.
If stateless individuals are not lawfully staying in the country, Contracting States may provide travel documents but the decision to grant them is discretionary, provided it is free from arbitrariness. A person applying for travel documents can be reasonably expected to return to their previous place of residence and apply for the nationality of their country of origin.
After twice being denied a residence permit, the applicant initiated civil proceedings against the Dutch state to obtain a declaratory judgment that the applicant is stateless. The District Court of The Hague considers, citing three cases from the European Court of Human Rights, that the determination of statelessness is not a fundamental right under art. 8 ECHR and there is no obligation for the country of residence to determine whether someone is stateless, if foreign authorities (such as the country of origin) refuse to grant nationality or acknowledge the applicant as a citizen. If fundamental rights can be safeguarded through a different procedure, there is no violation of art. 8 ECHR.
The Court of Cassation clarified that the fact that judges should refuse to apply the existing regulations because these violate the principle of equal treatment, does not have as a consequence that stateless persons automatically fall under the category of aliens authorised to stay on the territory by law, or are automatically equated to a recognised refugee. They still need to be granted leave to remain.
The Court of Cassation held that judges are obliged to remedy every legislative gap that has been found unconstitutional by the Constitutional Court. By refusing to grant a right of residence to a recognised stateless person without investigating whether he had involuntarily lost his nationality, and if he had demonstrated that he could not obtain a durable residence permit in another state with which he has ties, the Court of Appeal of Liège violated articles 10 and 11 of the Constitution.
When a Palestinian refugee has left the territory covered by UNRWA’s mandate, she or he does no longer benefit from that protection. Thus, she or he cannot be legitimately excluded from the Statelessness Convention.
The recognition of stateless status cannot be denied on the basis that the applicant has not undertaken the necessary steps in order to regain the lost nationality, even if it was voluntarily renounced.
In order to be recognised as stateless, the applicant does not have to prove that she or he cannot acquire another nationality.
The refusal to grant family allowance to a recognised stateless person because of the lack of a residence permit amounts to discrimination between stateless persons and refugees. Such difference of treatment arises from a legislative gap that had been identified in an earlier judgement and not filled yet by the legislator.
The absence of any legislative provision granting persons recognised as stateless in Belgium a residence right, comparable to that enjoyed by recognised refugees, is discriminatory.
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.
Stateless people should be granted a legal status and identity card during the statelessness determination procedure. The State's failure to grant a right to stay on the territory while waiting for a decision is in violation of the applicant's right to respect for private and family life.
The appellant requested the revocation of a deportation order on the grounds that he was stateless. The appeal raises two points of principle: first, the standard of proof applicable to the determination of whether a person qualifies for the status of a stateless person as defined in the 1954 Convention; and secondly, the relevance of a finding that a person is stateless for the purposes of revocation of a deportation order. The court determined that a person claiming to be stateless must provide evidence satisfying the standard of balance of probabilities.