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.
7 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…
-
Nystrom v Australia
Date of decision: 01 September 2011
Region/country: Asia / Australia
Article 12(4) – arbitrary deprivation of right to enter own country The majority of the Committee initially considered the ‘his own country’ requirement, viewing the concept as being broader than ‘country of his nationality’ and inviting consideration of matters such as longstanding residence, close personal and family ties and intentions to remain, as well as the absence of such ties elsewhere. It considered Australia to…
-
Pham v Secretary of State for the Home Department
Date of decision: 25 March 2015
Region/country: Europe / United Kingdom
The Supreme Court ruled that the decision by the UK Home Secretary to strip the Appellant of British citizenship did not make him stateless, because the Appellant still held Vietnamese citizenship ‘under the operation of its law’ (Article 1(1) of the 1954 Convention relating to the Status of Stateless Persons) at the time that decision was made. The Supreme Court first analysed the interpretation of…
-
Secretary of State for the Home Department v Al-Jedda
Date of decision: 09 October 2013
Region/country: Europe / United Kingdom
The Supreme Court initially recalled that the European Convention on Human Rights 1950 (ECHR) does not identify a right to a nationality but it does recognise that the arbitrary denial of nationality may violate the right to respect for private life under Article 8 ECHR (citizen Karassev v Finland). It notes that the UK ratified the Convention relating to the Status of Stateless Persons (‘the…
-
Sentenza n. 4262/2015
Date of decision: 04 November 2014
Region/country: Europe / Italy
The Supreme Court began by reaffirming that statelessness determination must go beyond formal nationality requirements and consider an applicant’s overall situation. It also recalled the 1954 Convention and Italian legislative provisions (Article 1 of the Consolidated Immigration Act; Legislative Decrees 25/2008 and 251/2007), which guarantee stateless persons the same fundamental rights as foreigners and direct access to ordinary courts, underscoring their constitutional importance. The Court…
-
Tebogo Khoza v The Minister of Home Affairs; The Director-General: Department of Home Affairs
Date of decision: 27 February 2023
Region/country: Africa / South Africa
Factual disputes The Court rejected each and every one of the Respondent’s disputes in relation to the evidence of the Applicant on the basis that they are untenable, far-fetched, baseless and ambiguous. Late Registration of Birth: BDRA The Court was satisfied the Applicant substantially complied with the mandatory requirements to be successful with his application for the late registration of his birth. The Court was…
-
X v. Office of Immigration and Nationality (17.K.32.297/2013)
Date of decision: 23 February 2015
Region/country: Europe / Hungary
The Constitutional Court held that the word ‘lawfully’ in Section 76(1) of the Aliens Act was contrary to the Fundamental Act and annulled it with effect from 30 September 2015. The Court rejected the request to declare a prohibition on application in general or in the individual case. The operative result was that Section 76(1) would remain in force without the word ‘lawfully’, thereby allowing…
- 1
This initiative has been made possible with the support of UNHCR, the European Network on Statelessness, and Mallesons.