The case concerns the applicable legislation under Greek private international law for divorce proceedings regarding a couple of Iranian nationality residing in Greece as asylum seekers. The court found that asylum seekers and refugees cannot be treated as stateless and therefore the legislation of their country of origin is applicable in divorce proceedings. The court postponed the issuance of a final decision until the applicant submits information on Iranian law on divorce to the court.
Regulation (EC) 2201/2003
Regulation (EC) 1259/2010
Greek Civil Code - art. 14 & 16
1951 Convention on the status of refugees - art. 12
The applicants, a couple from Iran married in Greece and residing in Greece as asylum seekers, applied for divorce before the Greek courts.
The wife/applicant argued that the Greek legislation (country of residence) should be applicable in this case, and not the law of their country of nationality, since the parties involved, despite being Iranian nationals, are both asylum seekers meeting the requirements to be recognised as refugees, and thus should be treated as such - noting that Art. 12 of the 1951 Convention on the Status of Refugees is applicable.
The court noted that even if the applicants are considered refugees prior to their recognition as such, according to the 1951 Convention and the Greek jurisprudence, they still cannot be treated as stateless people and, as a result, the legislation of their country of nationality (i.e. Iranian law) continues to regulate their personal status, in accordance with the provisions of Greek Private International law.
The court noted: "However, even if the court accepts that the parties in the present case are classified as refugees prior to their recognition as refugees by the competent Greek authorities, it does not transpire, based on the aforementioned Geneva Convention and the relevant jurisprudence of the Greek courts, that the person recognised as a refugee is considered stateless, and therefore his/her citizenship ceases to regulate, according to Article 14 of the Civil Code, his/her personal relations with his/her spouse".
The court issued an interlocutory decision, postponing the issuance of the final decision, until the applicant submits information on Iranian law on divorce to the court.
Comment: This is a decision not directly concerning stateless persons but which may have some significance in showcasing the confusion that might be observed between stateless persons and refugees (or other categories of beneficiaries of international protection). The judges' reasoning and decision may be attributed to a misunderstanding: the applicant did not ask for the Greek law to be applied in view of her being stateless (indeed, in case of stateless persons, Greek law should be applied), but in view of the fact that she is an asylum seeker, and provisions regulating the status of refugees – based on the 1951 Convention – should apply. In other words, the judges seem to imply that Greek law (governing family matters such as divorce) is not applicable to refugees but only to stateless persons, and, since in that case the parties do not claim to be stateless, the law of their nationality shall be applied. (to note that the applicant referred to Art. 12 of the 1951 convention in order to substantiate her claim).