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.
22 cases found
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Abdu Abucar Hussein and 7 others v. Attorney General
Date of decision: 18 March 2022
Region/country: Africa / Republic of Uganda
On Question 1 The Court found that the Constitution of the Republic of Uganda, 1995 as amended and the Uganda Citizenship and Immigration Control Act, Cap.66 are clear on who is a citizen and the nature of citizenship. The Court disagreed with the assessment made by the Deputy Passport Control Officer in his circular as the Constitution is very clear as to who a citizen…
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Anudo Ochieng Anudo v United Republic of Tanzania
Date of decision: 22 March 2018
Region/country: Africa / Tanzania
The Court noted that the application invoked the violation of three fundamental rights (in addition to other incidental rights): (i) the rights under Article 15 of the Universal Declaration of Human Rights to nationality and not to be arbitrarily deprived of nationality; (ii) the right under Article 13 of the International Covenant on Civil and Political Rights (‘ICCPR’) not to be arbitrarily expelled; and (iii)…
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Audiencia Provincial de Guipúzcoa
Date of decision: 11 May 2022
Region/country: Europe / Spain
On the Statelessness of the Child The Court of Appeal upheld the First Instance Court's conclusion that the child was stateless, a finding supported by an interpretation provided by a lead expert of the UNHCR, which was produced as evidence. The Government of Spain did not challenge this conclusion on appeal. Applying the definition under Article 1(1) of the 1954 Convention, the Court found that…
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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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Case of the Yean and Bosico Children v. The Dominican Republic
Date of decision: 08 September 2005
Region/country: Americas / Dominican Republic
The Court unanimously rejected the State’s three preliminary objections to the children’s application, and ultimately found that the State had violated several rights under the American Convention. The Court emphasised that nationality is a fundamental human right enshrined in the American Convention and as a political and legal bond that connects a person to a specific State, it allows the individual to acquire and exercise…
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CCH & Anor v Pendaftar Besar bagi Kelahiran dan Kematian, Malaysia
Date of decision: 19 November 2021
Region/country: Asia / Malaysia
The Court held that the child was entitled to citizenship under section 1(a) of Part II (citizenship for those born in Malaysia to a parent who is a citizen or permanent resident) read together with section 19B of Part III (presumptions for abandoned newborns). Section 19B is a ‘supplementary’ provision designed to close gaps when a child's parentage is unknown. The Court interpreted ‘found exposed’…
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Centre for Child Law v Director-General Department of Home Affairs and Others
Date of decision: 22 September 2021
Region/country: Africa / South Africa
The majority of the Constitutional Court of South Africa held that Section 10 of the Act is unconstitutional as it is discriminatory against unmarried fathers on the basis of sex, gender and marital status, and is inconsistent with the best interests of children and their rights to dignity, equality, a name and nationality. The Court found that Section 10 of the Act resulted in a…
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DGLR and Another vs. Minister of Home Affairs and Others
Date of decision: 06 September 2016
Region/country: Africa / South Africa
The Department decided to withdraw the appeal and agreed to an order issued by the Supreme Court of Appeal, confirming the original High Court Order. The Supreme Court reaffirmed the need to make regulations in relation to Section 2(2) of the Citizenship Act.
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G.T.B. v Spain
Date of decision: 16 November 2023
Region/country: Europe / Spain
Legal Classification of Complaints The European Court of Human Rights (‘the Court’) acknowledged that ill-treatment in breach of Article 3 of the Convention requires a minimum level of severity. In the present case, the Court had not received evidence to meet the threshold required by Article 3, so examined the case under Article 8. In addition, the Court recognised that the right to respect for…
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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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This initiative has been made possible with the support of UNHCR, the European Network on Statelessness, and Mallesons.