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.
21 cases found
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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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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…
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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…
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Mulowayi and Others v Minister of Home Affairs and Another
Date of decision: 29 January 2019
Region/country: Africa / South Africa
The Court held that the High Court’s declaration of invalidity of regulation 3(2)(a) did not need confirmation, because Section 172(2)(a) of the Constitution only requires confirmation for Acts of Parliament, provincial laws, or conduct by the President, not for regulations made by Ministers. As a result, the Applicants’ request for confirmation was refused as unnecessary. The Court also found that the High Court had erred…
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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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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…
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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).…
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S.N. and E.R. v. North Macedonia
Date of decision: 24 February 2020
Region/country: Europe / North Macedonia
Admissibility The Committee majority considered it was not precluded from considering the communication under Article 4(1) of the Operational Protocol. Therefore, the Committee declared the communication admissible in so far as it raised issues under Article 2(d), 2(f), 12(1), 12(2), 14(2)(b) and 14(2)(h) of the Convention. The dissenting member (Gunnar Bergby) dissented on the basis that the communication should have been found to be inadmissible…
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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…
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This initiative has been made possible with the support of UNHCR, the European Network on Statelessness, and Mallesons.