Global Caselaw Database on Statelessness
The Global Caselaw Database on Statelessness was established to strengthen access to jurisprudence on nationality, statelessness, and related human rights issues. It provides a practical resource for lawyers, academics, advocates, and decision-makers, complementing UNHCR and the Open Society Justice Initiative’s ‘Litigating the Right to Nationality: A Guide for Practitioners’ by bringing together decisions from courts and tribunals across different jurisdictions.
The database covers judgments that address statelessness directly, such as where the applicant is stateless or at risk of statelessness.
The Global Caselaw Database on Statelessness is an evolving tool and new cases will be added incrementally.
Want to offer feedback or suggest a case for inclusion in the Database? Contact our team
This initiative has been made possible with the support of UNHCR, the European Network on Statelessness, and Mallesons.
19 cases found
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Abid Khan and others v Government of Bangladesh and others
Date of decision: 05 May 2003
Region/country: Asia / Bangladesh
The Court considered Section 7(1) of the Electoral Rolls Ordinance 1982 and explained that the two vital issues to be decided were the citizenship of the petitioners and the legal implications of their residence at Geneva Camp. Regarding the First Group, the Court found that: The two Petitioners were entitled to citizenship under Article 2 of the President’s Order for the reasons argued by the…
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Case 002/02 Extraordinary Chambers Courts of Cambodia
Date of decision: 22 September 2022
Region/country: Asia / Cambodia
In their 2018 Case 002/02 judgment, the trial judges found both defendants guilty of genocide of the Vietnamese. The conviction was upheld on appeal in 2022. The trial judges approved the project of providing legal and education as reparation measure, stating: ‘The Chamber has determined that Civil Parties affected by the treatment of the Vietnamese suffered harm including psychological trauma, discrimination, material deprivation and, importantly…
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Case of Expelled Dominicans and Haitians v. Dominican Republic
Date of decision: 28 August 2014
Region/country: Americas / Dominican Republic
The Court found that the State had violated the presumed victim’s rights under the Convention, and ordered the State to pay reparations and to take administrative and legislative actions to remediate the presumed victim’s situation and to ensure these violations did not re-occur. Obligation to Prevent Statelessness The Court considered that while States have the power to determine nationality, they must exercise it in accordance…
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East African Asians v The United Kingdom
Date of decision: 14 December 1973
Region/country: Europe / United Kingdom
The Commission considered that the six applications brought by British protected persons must be distinguished from the 25 cases of CUKCs as British protected persons, according to English law, are not British subjects and remained subject to immigration control under the 1962 Act. The Commission held that the legislation was not discriminatory and did not constitute ‘degrading treatment’ under Article 3 in relation to British…
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Heisei 30 Nen (Gyou-Ko), No 232
Date of decision: 29 January 2020
Region/country: Asia / Japan
The Tokyo High Court first considered the Plaintiff’s nationality status by examining his connections to the former Soviet Union, Russia, and Georgia and accepted that the Plaintiff is stateless. In relation to refugee status, the Court held that the Minister of Justice’s refusal to recognise the Plaintiff as a refugee should be revoked. Applying the definition in Art 1(A)(2) of the Refugee Convention, the Court…
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IHDRA and Open Society Justice Initiative (on behalf of children of Nubian descent in Kenya) v Kenya
Date of decision: 22 March 2011
Region/country: Africa / Kenya
On Admissibility The Committee reviewed the Communication and found it met all formal requirements: it was not anonymous, was written, concerned a State Party, was respectful, and was based on direct witness evidence, not solely media reports. The main issue was whether local remedies had been exhausted. The Committee emphasised that only remedies that are available, effective, and sufficient must be exhausted, and noted that…
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IHRDA (on behalf of Esmaila Connateh & 13 others) v Angola
Date of decision: 22 May 2008
Region/country: Africa / Republic of Angola
While the Complainant made written submissions on the merits, the Respondent made no submissions despite being given opportunities to do so. In those circumstances, the Commission decided to consider the Complainant’s case. The Commission also considered the ‘exhaustion of local remedies rule’ but noted there were no domestic remedies available to the deportees as the circumstances of their arrest, detention and deportation did not allow…
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Kurić and Others v. Slovenia
Date of decision: 26 June 2012
Region/country: Europe / Slovenia
On Preliminary Objections On victim status, the Grand Chamber held that although Slovenia had acknowledged the breach of the Applicants’ rights and issued residence permits to six Applicants, this did not constitute ‘appropriate’ and ‘sufficient’ redress given the ‘widespread human-rights concern created by the ‘erasure’’ and the consequences for these Applicants over a nearly twenty-year period (paragraph 267). The Grand Chamber added that no compensatory…
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Malawi African Association v Mauritania
Date of decision: 11 May 2000
Region/country: Africa / Mauritania
The Commission found that there had been violations of Articles 2, 4, 5, 6, 7(1)(a)-(d), 9.2, 10(1), 11, 12(1), 14, 16(1), 18(1) and 26 of the Charter. Article 12(1) provides that every individual shall have the right to freedom of movement and residence within state borders provided he abides by the law. The Commission held that evicting Black Mauritanians from their houses and depriving them…
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Nubian Community of Kenya v Republic of Kenya
Date of decision: 28 February 2015
Region/country: Africa / Kenya
On Admissibility The African Commission found that, although local remedies were theoretically available in Kenya, they were not effective in practice for the Nubian community. Therefore, the claim was admissible. On the Rights to Equality and Non-Discrimination The African Commission found that the Kenyan Government’s treatment of the Nubian community in the acquisition of identity documents constituted a violation of the rights to equality and…
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This initiative has been made possible with the support of UNHCR, the European Network on Statelessness, and Mallesons.