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
-
Mazin Adil Ali Deng and Others v. Ministry of Interior and Another
Date of decision: 10 August 2016
Region/country: North Africa / Sudan
The Constitutional Court unanimously ruled in favour of the Applicants (7 judges agreeing). The Court held that Article 7(2) of the 2005 Interim National Constitution clearly states, ‘Every person born to a Sudanese mother or father shall have an inalienable right to enjoy Sudanese nationality.’ The court emphasized that the word ‘or’ provides alternative grounds for nationality. The Court invoked Article 3 of the Constitution…
-
Mennesson v France
Date of decision: 26 June 2014
Region/country: Europe / France
The Court agreed with the undisputed fact that the refusal of the French authorities to legally recognise the family ties between the Applicants constitutes an interference with both the family life and private life of the Applicants, which needs to be justified under Article 8(2) ECHR. The Court noted that the expression ‘in accordance with the law’ in Article 8(2) requires some basis in domestic…
-
Minister of Home Affairs v Ali and Others
Date of decision: 30 November 2018
Region/country: Africa / South Africa
The appeal was dismissed with costs. The Court confirmed that persons born in South Africa who meet the criteria in Section 4(3) may apply for citizenship upon attaining the age of majority irrespective of their birth date relative to 1 January 2013, on the following basis: Counsel for the Appellants conceded on appeal that the Respondents satisfied the jurisdictional requirements of Section 4(3). The concession…
-
Paradiso and Campanelli v Italy
Date of decision: 24 January 2017
Region/country: Europe / Italy
The Court held, by eleven votes to six, that there had been no violation of Article 8 of the ECHR. ‘Family life’ within the meaning of Article 8 of the ECHR The Court concluded that there was no family life (or de facto family life) between the Applicants and the child within the meaning of Article 8 of the ECHR, due to the lack of…
-
Rexha and Faslliu v. Albania
Date of decision: 29 October 2024
Region/country: Europe / Albania
The Committee considered the Authors’ claims under Articles 17 and 25 insufficiently substantiated and declared them inadmissible. The remaining claims under Articles 16, 24(1–3), and 26 were declared admissible. In its examination of the merits, the Committee began by recalling that every child has the right to special protection according to Article 24, as well as to have their best interests considered. The Committee further…
-
Robert John Penessis v. Tanzania
Date of decision: 28 November 2019
Region/country: Africa / Tanzania
Alleged violation of the Applicant’s right to Tanzanian nationality The Court noted that the Applicant who alleges that he holds a certain nationality bears the onus to prove so. Once he has discharged the duty prima facie, the burden shifts to the Respondent State to prove otherwise. It is against these standards that the Court settled the issue of proof of nationality. The Court noted…
-
Rzecznik Praw Obywatelskich
Date of decision: 24 June 2022
Region/country: Europe / Poland
The CJEU first noted that, under Article 20(1) TFEU, every person holding the nationality of a Member State is a citizen of the Union and, since it is not disputed that S.R.S.-D. has Polish nationality, she enjoys Union citizenship [34]. Article 21(1) TFEU guarantees every citizen of the Union the right to move and reside freely within the territory of the Member States (paragraphs 35-37).…
-
Shoygo v. Ukraine
Date of decision: 30 September 2021
Region/country: Europe / Ukraine
The Court noted the challenge faced by the Ukrainian authorities in organising the expulsion of the applicant due to the lack of identity documents. However, it observed that ‘no explanation has been provided for why it took the authorities, who knew about the applicant’s affirmations concerning his Russian nationality from the outset of his detention [...], almost eleven months to contact the Embassy of the…
-
Supreme Administrative Court, Case II OPS 1/19
Date of decision: 02 December 2019
Region/country: Europe / Poland
The Supreme Administrative Court recalled the dominant position in legal literature, which is that transcription is not in itself a registration, it is a declaratory act that merely reproduces and copies a foreign civil status record. It does not have any constitutive effect. As a rule, an act submitted for transcription is only verified with regards to determination of paternity. The law does not provide…
-
Supreme Administrative Court, Case II OSK 2552/16
Date of decision: 10 October 2018
Region/country: Europe / Poland
Without questioning the validity of the application of the public order clause, the Supreme Administrative Court noted that the concept of public order as a justification for a deviation from the basic rule of transcription should be interpreted narrowly, considering carefully the specificities of each case under consideration and assessing the seriousness of actual threats to one or more of the fundamental interests of society.…
Page 2 of 3 for 22 cases
This initiative has been made possible with the support of UNHCR, the European Network on Statelessness, and Mallesons.