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.
6 cases found
-
Attorney General (Appellant) v Shannon Tyrek Rolle and 4 others (Respondents) (The Bahamas)
Date of decision: 04 May 2023
Region/country: Americas / The Bahamas
The Board dismissed the Attorney General’s appeal and held that the Constitution confers citizenship at birth to children born in The Bahamas whose mother is unmarried and not a citizen of The Bahamas and a father who is a citizen. Each of the Attorney General’s three overarching submissions are addressed below. Common law presumption The Board rejected the common law presumption argument advanced by the…
-
H.P. v Denmark
Date of decision: 19 January 2017
Region/country: Europe / Denmark
Article 8 The Court noted that Article 8 does not guarantee a right to acquire a particular nationality or citizenship, but acknowledged that an arbitrary denial of citizenship could, in certain circumstances, raise an issue under Article 8 due to its impact on private life. ‘Article 8 of the Convention does not guarantee a right to acquire a particular nationality or citizenship. Nevertheless, it cannot…
-
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…
-
Q v Denmark
Date of decision: 01 April 2015
Region/country: Europe / Denmark
Admissibility The UN Human Rights Committee (“HRC”) rejected the State Party’s argument that Art 26 did not apply to the author’s claim. The HRC considered that Art 26 applies to the legislation of States and prohibits discrimination in any field regulated and protected by public authorities. Accordingly, the author’s claim under Art 26 was held to be admissible. Article 26 The HRC reaffirmed that Art…
-
Secretary of State for the Home Department v. C B S
Date of decision: 10 January 2020
Region/country: Europe / United Kingdom
The Upper Tribunal upheld the First-tier Tribunal’s decision and affirmed that the discriminatory denial of recognition of nationality and identity documentation can amount to persecution. CBS had established that he was de facto stateless and thus entitled to refugee protection, satisfying the exception to automatic deportation under Section 33 of the UK Borders Act 2007. The Upper Tribunal also clarified the proper use of MA…
-
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.