France - Nantes Administrative Court of Appeal, case no. 16NT00984

The applicant was born in Azerbaijan to an Armenian father and an Azeri mother, and subsequently lived in Russia and Belarus before arriving in France. His stateless status application was rejected as he did not demonstrate having made repeated and diligent attempts at getting recognised as a national by Russia, Armenia or Azerbaijan. The Court upheld the administrative decision. 

Case name (in original language)
CAA de NANTES, 4ème chambre, 10/01/2017, 16NT00984
Case number
16NT00984
Date of decision
State
Court / UN Treaty Body
Nantes Administrative Court of Appeal
Language(s) the decision is available in
French
Applicant's country of birth
Azerbaijan
Applicant's country of residence
France
Facts

The applicant was born in 1961 in Kirovabad (Azerbaijan) to a an Armenian father and an Azeri mother. He lived in Moscow between 1988 and 1995, and in Orcha (Belarus) from 1995 to 2005. He arrived in France in 2005 and unsuccessfully applied for asylum. His statelessness status application was rejected in 2015. 

Decision & Reasoning

The Court reasoned as follows:

"4. Considering that the applicant, on whom lies the burden of proof to establish that he has unsuccessfully attempted to get recognised as a national by the countries of his birth and residence, neither shows that he has made repeated and diligent efforts to be recognised as an Azerbaijani, an Armenian or a Russian national, nor that these countries have rejected such requests from him; that, moreover, his initial allegations that he left Azerbaijan for Russia in 1993 and not in 1988, so that the provisions of article 13 of Russian law Nr. 1948-1 of 28 November 1991 On Nationality of Russian Federation, amended in 1992 do not apply to him, are substantively contradicted by his statements during an interview conducted in Russian on February 20, 2014 in the context of the statelessness determination procedure"

Outcome

The Court upheld the administrative decision refusing to grant the applicant a statelessness status.