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.
20 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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Advisory Opinion on Proposed Amendments to the Naturalization Provision of the Constitution of Costa Rica
Date of decision: 19 January 1984
Region/country: Americas / Costa Rica
The Court held: There was no violation of Article 20 (right to nationality) in the proposed amendments (5–1 decision). The preferential treatment based on regional affinity was acceptable(Unanimous) Differentiation between natural-born and naturalized Central Americans/Ibero-Americans is not discriminatory (5–1; Judge Buergenthal dissenting) Language and civic requirements are not discriminatory per se (5–1; Judge Piza dissenting) Gender-specific naturalization through marriage is discriminatory and violates the Convention…
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Anonymous vs Federal Government of Germany (BVerwG 5 C 12.10)
Date of decision: 11 November 2010
Region/country: Europe / Germany
The Appellant’s application for judicial review was dismissed. Legality of the Decision to Withdraw Citizenship The Court held that the Appellee’s decision to withdraw the Appellant’s citizenship on 4 July 2000 had sufficient legal basis. Even though the withdrawal provision applicable to cases of naturalisation by deception did not exist at the time the decision was made (section 35, German Nationality Act (‘StAG’), the public…
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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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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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Cour de cassation de Belgique [Court of Cassation of Belgium] No C.19.0197.F
Date of decision: 08 April 2022
Region/country: Europe / Belgium
The Belgian Court of Cassation allowed the appeal. It set aside the judgment of the Liège Court of Appeal of 8 February 2019 and held that the Liège Court of Appeal had violated Article 23 of the Judicial Code by disregarding the authority of res judicata attached to the 2013 judgment that recognised MA as stateless. By stating that MA's recognition as stateless did not…
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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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Janko Rottmann v. Freistaat Bayern
Date of decision: 02 March 2010
Region/country: Europe / Germany
The Court began by clarifying the scope of its review over national measures that affect a person’s possession of EU citizenship. It acknowledged Declaration No 2 and the Edinburgh Decision, which state that nationality is determined solely by national law, however, it held that this did not remove the situation from the scope of EU law. The Court held that while Member States have competence…
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Kennedy Gihana & Others v Republic of Rwanda
Date of decision: 28 November 2019
Region/country: Africa / Rwanda
On Whether the Revocation of the Passports was Arbitrary In assessing whether the revocation of the passports was arbitrary, the Court considered that a revocation must be based on a clear legal basis, serve a legitimate purpose in conformity with international law, be proportionate, and respect procedural guarantees allowing the concerned individuals to challenge the decision before an independent body. While Article 34 of the…
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This initiative has been made possible with the support of UNHCR, the European Network on Statelessness, and Mallesons.