• 251 results found
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. 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. He also alleged that he had become stateless as result of losing his Belarusian nationality. The court found that there was a violation of Article 8 of the ECHR. On the statelessness question, it was held he could not be considered a stateless person. 

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

The applicant applied for judicial review of a decision from the Refugee Appeals Tribunal that refused granting her refugee status. The court rejected the application as it was satisfied that the tribunal had considered the applicant's evidence and found that she did not have a well-founded fear of persecution. The court also relied on case law from UK couts 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.

Court name: Cour administrative d’appel de Paris
State: France
Date of decision:

A Palestinian refugee was living in Lebanon and benefited from the protection of UNRWA before leaving for France and applying for statelessness status in France. After the Conseil d’État quashed a decision granting the applicant statelessness status and referred the case back to the Administrative Court of Appeal, the Court found that the applicant still benefitted from effective protection from UNRWA, as she did not fall under any of the conditions identified by the Conseil d’État in which a Palestinian refugee who is outside UNRWA’s area of operation must be considered as no longer effectively benefiting from UNRWA’s protection.

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

Bulgarian authorities refused to issue a birth certificate to the daughter of a Bulgarian mother and a British mother, who was born in Spain and issued a Spanish birth certificate with the names of both mothers, on the basis that it could only recognise parents of different genders. The Court found that where a birth certificate issued in another Member State designates parents of the same sex, the Member State of which the child is a national is required to issue an identity card or a passport to the child, without requiring a birth certificate to be drawn up beforehand by its national authorities. It also held that the Bulgarian authorities, and any other Member State, must recognise the parent-child relationship as established by the Spanish authorities for the purposes of permitting the exercise of the child’s right to move and reside freely within the EU, and any documents that would allow such travel.

 

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

The case concerns the eligibility for protection of a person born in Gaza, who holds a passport issued by the Palestinian National Authority, is registered with UNRWA, and sought asylum in Bulgaria. Interpreting Article 12(1)(a) of the 2011 Qualification Directive (equivalent to Article 1D of the Refugee Convention), the CJEU found that Article 1D, as lex specialis, must be considered prior to Article 1A of the Refugee Convention, that prior registration with UNRWA does not necessarily mean that the applicant could access sufficient protection in an UNRWA area, and that Palestinians are not included under the second paragraph of Article 1D and automatically entitled to protection if they could be admitted to any area where they could access effective assistance or protection from UNRWA and could live there in safe and dignified conditions for as long as necessary.

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

The Constitutional Court held that in a case where the acting authority finds, on the basis of the opinion of expert agencies, that the applicant's stay would violate or endanger the national security of Hungary, the application for statelessness status shall be rejected on procedural grounds without further examination of whether the applicant qualifies as a stateless person.

Court name: Migration Court of Appeal
State: Sweden
Date of decision:

The case concerns the application of Article 12 of the Qualification Directive (recast Directive 2011/95) on the possibility for those whose support from United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) has ceased to obtain international protection. The main issue was the determination of which country had been the applicant’s habitual place of residence to examine the reasons for protection. In the applicant’s case, while he had lived in Syria for a significant length of time, his ties to Algeria were strong enough to permit the Court to find the latter to be his habitual place of residence and consequently the applicant’s appeal was dismissed as Algeria was found to be safe.

Court name: The Special Immigration Appeals Commission
Date of decision:

The Special Immigration Appeals Commission (SIAC) allowed an appeal against the Secretary of State’s decision to deprive C3, C4 and C7 of their British citizenship, and found that the decision to deprive C3, C4 and C7 of their citizenship breached s.40(4) of the British Nationality Act 1981, as it would render the appellants stateless. On the date of the deprivation decision, it was found that C3, C4 and C7 did not have Bangladeshi citizenship under the law of Bangladesh and the Secretary of State therefore could not deprive them of their British citizenship.

Court name: UK Immigration and Asylum Chamber
Date of decision:

The case concerned the decision to deprive the appellant of his British citizenship on the basis that he had exercised deception in relation to his identity when he first applied for asylum. The court considered the application of the discretion by the Home Office (hereafter the respondent) and the impact the decision would have on appellant’s family, in particular his minor child. The court dismissed the appeal on the basis that the errors of law identified were not sufficient to affect the outcome of the decision.

Court name: Supreme Court (Tribunal Supremo)
State: Spain
Date of decision:

The applicant, who described himself as being Saharawi, claimed that he should not be granted statelessness status because he was entitled to Spanish nationality. Alternatively, he argued that he should be recognised as being stateless. The Supreme Court found that his entitlement to Spanish nationality could not be considered, given that it has never been requested before by the applicant. However, the court found that given that he could not be considered as Moroccan or Algerian under the law of these two countries, nor as covered by the exception foreseen in Article 1(2)(i) of the 1954 Convention, his statelessness status should be recognised.

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

The Supreme Court of the Republic of Karelia requested to review the constitutionality of Article 22(2) of the Federal Law On Russian Citizenship ('Citizenship Law'), which established that the fact that a person had been confirmed by a court to have committed or prepared to commit one of the offences in the established list of offences related to terrorist activities, was equivalent to the fact that such person had knowingly given false information about their intention to comply with the Constitution of the Russian Federation when when applying for the Russian nationality, which constitutes a ground to revoke their nationality.

The applicant argued that the provision of Article 22(2) of the Citizenship Law might be unconstitutional to the extent it allows a person to be stripped of their citizenship where such person had been convicted under “terrorism” charges before this provision entered into legal force. The Constitutional Court of the Russian Federation confirmed the constitutionality of this provision by ruling that it does not introduce new rules but only clarifies the already existing ones, and that it does not establish any liability measures. Consequently, Article 22(2) of the Citizenship Law is not subject to the prohibition of retroactive effect of the provisions establishing or aggravating liability set out by the Constitution of the Russian Federation.

Court name: Penza Regional Court
Date of decision:

In July 2017, the applicant was punished with deportation from Russia for violating the rules of stay of foreign nationals and was placed in a detention centre for foreign nationals until execution of the deportation order. It was later found that the applicant had lost his Tajik citizenship and deportation to Tajikistan therefore became impossible. The applicant successfully challenged the decision on his deportation due to the impossibility of executing the deportation order, and was released from the detention centre.

Court name: Supreme Court (Tribunal Supremo)
State: Spain
Date of decision:

A person born in Tajikistan applied for statelessness status. The applicant argued that he could not ask for nationality from Tajikistan because that country would force him to convert to Islam. The Spanish authorities dismissed the application because, under their understating of Tajikistan law, nationality from that country is granted on a jus sanguinis basis regardless of the religion or ethnicity of the applicant. The court confirmed the decision of the Spanish authorities to deny the statelessness status on the grounds that: (i) given the alleged nationality of his parents it was reasonable to assume that the applicant could have the right to nationality of Tajikistan; (ii) it was not proven that the authorities from Tajikistan actually denied nationality to the applicant, that his parents were not from Tajikistan nor that it was required to convert to Islam to obtain the nationality; and (iii) the applicant filed its application in 2012 despite having arrived in Spain in 2003 (this delay goes against the credibility of the application).

Court name: Austrian Constitutional Court (Verfassungsgerichtshof, VfGH)
State: Austria
Date of decision:

The case concerned the rejection of the asylum applications submitted by a single mother and her five minor children, who are stateless Palestinians from the Gaza Strip and were registered with UNRWA. The Constitutional Court found a violation of equal treatment among foreigners and held that the Federal Administrative Court had failed to recognise the applicants’ right to ipso facto protection as refugees, disregarded UNHRC’s assessment criteria for the Gaza Strip, and did not give sufficient consideration of the vulnerability of a mother mother and her five minor children.

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

The case concerned the interpretation of Article 19 of the Directive (2011/95/EU, Qualification Directive). Specifically, the applicant had been granted subsidiary protection by the Austrian authorities on the mistaken basis that he was an Algerian national. The applicant was not responsible for the mistake, having rather declared throughout the proceedings that he was stateless. The CJEU held that under the Qualification Directive a State is under the obligation to revoke subsidiary protection if information emerges to prove that an individual never satisfied the requirements under the Directive.

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

The applicant, a stateless person residing in Hungary, faced protracted difficulties in regularising his legal situation, being eventually recognised as stateless after fifteen years' residence. During thirteen of those years, the applicant had no legal status in Hungary and was entitled to neither healthcare nor employment, nor was he able to marry. Constitutional Court proceedings were initiated by a judge, in which the judge proposed to declare that the term "lawful residence" in the territory of Hungary, as provided for in 76§ (1) of Act no. II of 2007 on Admission and Right of Residence of Third-Country Nationals (Harmtv), which requires a person to be lawfully staying in the country in order to be granted statelessness status, was contrary to the Fundamental Law of Hungary, and to order a general prohibition of its application in the given case. The Constitutional Court held that the term “lawful residence” was contrary to the Fundamental Law of Hungary, thus deleted it from the cited law. However, it refused to prohibit its application to the underlying procedure, as the applicant concerned was able to initiate a new procedure afterwards. This case reached the European Court of Human Rights (Sudita Keita v. Hungary).

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

The case concerns a stateless person of Palestinian origin who was refused asylum in Hungary. The question before the CJEU concerned the circumstances in which a person is considered to be receiving "protection or assistance from organs or agencies of the United Nations other than [UNHCR]" within the meaning of Article 12(1)(a) of the 2004 Qualification Directive (equivalent to Article 1D of the Refugee Convention), and may therefore be entitled to refugee status when that protection or assistance ceases. The CJEU held that the words “at present” mean the present day, and that a person receives protection or assistance from UNRWA when that person has actually availed themselves of that protection or assistance, and not if they are entitled to but have not done so. It also noted that persons who have not actually availed themselves of protection or assistance from UNRWA, prior to their application for refugee status, may, in any event, have that application examined pursuant to Article 2(c) of the Directive.

Court name: Federal Administrative Court
State: Germany
Date of decision:

The applicant is a stateless Palestinian who seeks to be recognised ipso facto as a refugee in Germany. The lower administrative courts in Germany granted him refugee status, but the Federal Administrative Court stayed the proceedings and referred questions to the CJEU for preliminary ruling (Bundesrepublik Deutschland v XT, case C‑507/19). After the CJEU ruling, the Federal Administrative Court applied the CJEU's reasoning to the applicant’s case and remanded the case to the lower courts for further investigation of the underlying facts about the applicant leaving Lebanon and Syria.

Court name: UK Court of Session (Inner House, Extra Division)
State:
Date of decision:

The case concerned the removal of the applicant, a stateless Palestinian individual who had been habitually resident in Syria and present in the United Kingdom since 2007, to the Palestinian National Authority (PNA). It was held by the – that the PNA could be considered as a safe third country despite it not being formally recognised as a state. It was also held that the  Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection (the Qualification Directive), and for the content of the protection granted could not be interpreted as guaranteeing a resident permit to all those in receipt of subsidiary protection.