• 317 results found
Court name: Vladimir Regional Court
Date of decision:

The applicant, a Russian-speaking non-citizen of Estonia, applied for asylum in Russia, claiming discrimination on the basis of ethnicity in Estonia. The Court considers the problematic situation of non-citizens of Estonia, but concludes that the circumstances of the applicant's claim do not constitute basis for protection in Russia under the asylum framework. 

Court name: Belgorod Regional Court
Date of decision:

The applicant has been residing in Russia since 2002 with a Russian passport. His request to renew his passport in 2011 was denied, reason being that his previous passport was not issued in accordance with applicable rules, the latter having been confiscated on the basis of the same decision. The refusal to renew the applicant's passport rendered him stateless, which was considered by the court as a strong argument to rule in favour of the applicant and declare the decision of the responsible authority unlawful. 

Court name: Supreme Court of Saha Republic
Date of decision:

The applicant is a former USSR citizen, who has been residing on the territory of Russian Federation since 1990. He has received an "insert" into his passport in 1994 as evidence of him being recognised as a Russian citizen, which was a standard procedure at a time. In 2011 a "verification" took place - a policy that resulted in questioning of many citizenships acquired after the fall of the Soviet Union, including the applicant. The Court sided with the applicant, considering among others that refusal to recognise him as a Russian citizen would result in his statelessness. 

Court name: Supreme Court of Komi Republic
Date of decision:

The applicant attempted to renounce her Russian nationality without proof of having another nationality or a guarantee of acquiring one. The Court decided that the constitutional right to change one's nationality does not amount to an absolute right to unilaterally renounce a nationality, and that it is not unconstitutional to impose a number of conditions on nationals before allowing renunciation, among which the condition of having secured an alternative nationality. Prohibition of renunciation of nationality with an aim of becoming stateless has been ruled as complying with international standards, in particular with the European Convention on Nationality. 

Court name: Bezenchuk Regional Court of Samara Oblast
Date of decision:

The applicant was charged with an administrative offence for not having proof of permission to be on the Russian territory. The Court ruled that the applicant's identity has not been established with a sufficient degree of certainty to charge him with an administrative violation. If the applicant lacks identity documents, the authorities need to follow prescribed procedures for establishing identity before such person can be charged with an administrative offence. 

Court name: Dnipropetrovsk Administrative Court of Appeal
State: Ukraine
Date of decision:

The applicant refused to exchange his USSR passport for the Ukrainian one in the aftermath of dissolution of the USSR, and was subsequently denied his retirement benefits due to lack of a Ukrainian passport. He requested the Court to establish that he is a stateless person, to release him from Ukrainian nationality, and grant him legal residence rights in Ukraine. The Court concluded that the applicant is in fact a Ukrainian national, even if he refuses to apply for a passport, as the law attributes Ukrainian nationality to all former USSR nationals who lived in Ukraine at a specified time, regardless of the will, actions or inactions of affected persons. 

Court name: Kherson Regional Administrative Court
State: Ukraine
Date of decision:

The applicant received Ukrainian nationality in 2008, and as part of the relevant evidence he submitted a court ruling establishing the fact of his permanent residency in Ukraine. Soon after, he renounced his Vietnamese nationality. In 2011 there was another court ruling which reversed the ruling about the applicant's permanent residence in Ukraine. This prompted the authorities to cancel the decision on the applicant's acquisition of Ukrainian nationality, rendering him stateless. 

Court name: Supreme Administrative Court
State: Ukraine
Date of decision:

The Ukrainian nationality of the applicant and her two children was withdrawn in 2013, on the basis that the applicant committed fraud when acquiring the nationality in 2006. The allegation of fraud was based on the fact that a case file was missing from a Court which had earlier established the legal fact of the applicant's permanent residence. The applicant argued that the missing file is not her fault and cannot be construed as "fraud" on her side, and the Court agreed with her, annulling the decision that resulted in the loss of her and her children's nationality. 

Court name: Supreme Administrative Court
State: Ukraine
Date of decision:

Applicant's Ukrainian nationality was withdrawn on the basis of voluntary acquisition of Canadian nationality. The applicant argued, among others, that he was not a Canadian national at the time of withdrawal of his Ukrainian nationality, and that he became stateless as a result of the withdrawal. Court dismissed his arguments as he did not provide sufficient evidence as to the circumstances of loss of his Canadian nationality.

Court name: Supreme Administrative Court
State: Ukraine
Date of decision:

The applicant and his two children acquired Ukrainian nationality in 2004, on the basis of "territorial origin" provision. The acquisition was "cancelled" twelve years later on the basis of a statement by the applicant's (alleged) mother that the birth certificate submitted by the applicant in 2004 contained inaccurate information about his parentage. The Court sided with the applicant, maintaining that the accuracy of a birth certificate cannot be challenged on the mere basis of a statement, but also taking into consideration that the administrative decision rendered the applicant stateless in violation of national and international norms. 

Court name: Supreme Court of Administrative Cassation
State: Ukraine
Date of decision:

The applicant moved to Ukraine in 2005 from Transnistria, a disputed territory of Moldova, and lived in Ukraine for 14 years with his long-term partner and her children and grandchildren, before receiving a deportation order to Moldova. He disputed the deportation order on the basis of being stateless, having no connection to Moldova, and having a family and private life in Ukraine that are protected under article 8 ECHR. The first two instance courts rejected the applicant's claim, but the Supreme Court of Administrative Cassation ruled in favour of the applicant on the basis of new evidence from the Consulate of Moldova confirming he is not a national of Moldova.

Court name: High Court of Justice (Administrative Court)
Date of decision:

The Claimant was a British Overseas citizen and had renounced his Malaysian citizenship in 2006 on the basis of legal advice that this was necessary for him to obtain indefinite leave to remain in the UK, but was refused leave to remain. In 2017, after being refused leave to remain in the UK as a stateless person under paragraph 403 of the Immigration Rules, the Claimant sought judicial review of this decision. The Court confirmed that a BOC who is not a national of any other State is a stateless person for the purpose of paragraph 403(b) of the Immigration Rules, however the Claimant failed to show that he is not admissible to Malaysia or to any other country.

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

This case, heard first before the First-tier Tribunal (Immigration and Asylum Chamber) (the “First-tier Tribunal”) followed by the Upper Tribunal (Immigration and Asylum Chamber) (the “Upper Tribunal”), concerned the Secretary of State for the Home Department’s decision under section 40(3) of the British Nationality Act 1981 (the “1981 Act”) to deprive the appellant of his British citizenship granted on 11 December 2007 on the ground that, in his application, the appellant had deliberately concealed the fact that he had earlier obtained a grant of British citizenship using false details. 

Before the Court of Appeal, the key issues to be determined were (i) on whom the burden of proof lay to prove that the appellant would be stateless if deprived of British citizenship, and (ii) whether the Upper Tribunal had correctly determined that the First-tier Tribunal’s failure to consider the issue of the appellant’s statelessness was immaterial.

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

The Secretary of State for the Home Department appealed a decision to overturn two orders depriving E3 and N3 of their British citizenship. The issue raised by the appeal was whether the Secretary of State was precluded by section 40(4) of the 1981 Act from making the orders, because they rendered E3 and N3 stateless. The focus of the Court of Appeal’s judgment was whether the burden of proof concerning whether E3 and N3 would be rendered stateless following deprivation of their British citizenship fell on the Secretary of State or E3 and N3.

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

Begum v Secretary of State for the Home Department [2020] All ER (D) 43 (7 February 2020): The Special Immigration Appeals Commission ('SIAC') considered (1) the UK Home Secretary’s decision to deprive the appellant of her British citizenship, whether that decision made the appellant stateless; and (2) whether the appellant could have a fair and effective appeal from Syria and, if not, whether her appeal should be allowed on that ground alone.

Begum v Special Immigration Appeals Commission and another [2020] EWCA Civ 918 (16 July 2020): The Court of Appeal determined what legal and procedural consequences should follow from the conclusion of SIAC that Ms Begum could not have a fair and effective appeal of the Secretary of State’s deprivation appeal.

Court name: Paris Administrative Court
State: France
Date of decision:

A Palestinian refugee in France applied for a statelessness status, which was rejected by OFPRA as it considered that the applicant falls under the exclusion grounds of Article 1(2) of the 1954 Convention. The Court annuls OFPRA's decision, stating that the applicant no longer enjoys the protection of UNRWA after having left the West Bank, and that the voluntary nature of his departure from UNRWA territory does not amount to him having voluntarily placed himself in the situation of statelessness. 

Court name: Versailles Administrative Court
State: France
Date of decision:

The applicant belongs to Biharie minority in Bangladesh, and applied for the recognition of his statelessness in France, submitting additional documentary evidence that access to Bangladeshi nationality is restricted for him. The Court could not make sense of all the documents submitted, and requested both the applicant and OFPRA to submit additional information and observations regarding the nature of the documents and the circumstances in which they were issued.

Court name: Versailles Administrative Court
State: France
Date of decision:

Applicants, both originally from Kazakhstan, appealed the rejection of their statelessness status. They had a document from the Kazakhstan embassy indicating they were no longer nationals, but OFPRA considered they needed to attempt to re-acquire the Kazakh nationality before benefiting from the statelessness status in France, and that the applicants' previous unsuccessful attempts to seek asylum are not an obstacle in attempting to reacquire their former nationality. The Court sided with OFPRA and confirmed the rejection of the statelessness status. 

Court name: Marseille Administrative Court
State: France
Date of decision:

Mr. B and Mrs. C, a married couple who got recognised as stateless by OFPRA, did not mention they had a daughter (Miss A, the applicant) when applying for statelessness status. When Miss A also applied for a statelessness status, and provided a birth certificate proving that Mr. B and Mrs. C are her parents, OFPRA denied her application, partially because they doubted the parental relations, and partially because they considered that she did not take the necessary steps to get recognised as a national by either Italy or the successor states of Yugoslavia - where her parents are from. The Court ruled that OFPRA based its decision on an error of assessment, and ordered it to grant Miss A the statelessness status. 

Court name: Court of the Hague
Date of decision:

A child is born in the Netherlands in 2016, and has resided there since, without a legal residence permit. A request was made on behalf of the child to determine that he has Dutch nationality, on the basis of direct application of article 1 of the 1961 Convention, as he would otherwise be stateless. The Court refuses, as it considers this to be a question of granting Dutch nationality, and not of determination of Dutch nationality, which the Court is not empowered to do.

Court name: Council of State of the Netherlands (Raad van State)
Date of decision:

The case concerns withdrawal of Dutch nationality from the applicant on the basis of fraud, which left the latter stateless. The fraud consisted of the fact that the applicant's relationship with his partner, which was the basis for the legality of his residence, was not exclusive at the time when he renewed his residence permit and applied for Dutch citizenship. Has it been known to the authorities that the relevant relationship was not exclusive, he would not have qualified for a legal residence permit, nor Dutch nationality, therefore the acquisition of nationality was classified as fraudulent and withdrawn. 

Court name: Council of State of the Netherlands (Raad van State)
Date of decision:

The case concerns a child born in the Netherlands to an undocumented mother of Chinese origin. The child is registered in the municipal records as having an "unknown" nationality. The mother attempts to register him as "stateless" to strengthen his claim to Dutch citizenship, but cannot meet the high standard of proof set by the municipality for registering statelessness. The Court sides with the municipality in this case, but implies that the legislator ought to establish a statelessness determination procedure in the Netherlands.

Court name: Council of State of the Netherlands
Date of decision:

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.  

Court name: Constitutional Court of the Russian Federation
Date of decision:

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.

Court name: High Court of Crimean Republic (Верховный Суд Республики Крым)
Date of decision:

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.