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.
13 cases found
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Anudo Ochieng Anudo v United Republic of Tanzania
Date of decision: 22 March 2018
Region/country: Africa / Tanzania
The Court noted that the application invoked the violation of three fundamental rights (in addition to other incidental rights): (i) the rights under Article 15 of the Universal Declaration of Human Rights to nationality and not to be arbitrarily deprived of nationality; (ii) the right under Article 13 of the International Covenant on Civil and Political Rights (‘ICCPR’) not to be arbitrarily expelled; and (iii)…
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East African Asians v The United Kingdom
Date of decision: 14 December 1973
Region/country: Europe / United Kingdom
The Commission considered that the six applications brought by British protected persons must be distinguished from the 25 cases of CUKCs as British protected persons, according to English law, are not British subjects and remained subject to immigration control under the 1962 Act. The Commission held that the legislation was not discriminatory and did not constitute ‘degrading treatment’ under Article 3 in relation to British…
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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…
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IHRDA (on behalf of Esmaila Connateh & 13 others) v Angola
Date of decision: 22 May 2008
Region/country: Africa / Republic of Angola
While the Complainant made written submissions on the merits, the Respondent made no submissions despite being given opportunities to do so. In those circumstances, the Commission decided to consider the Complainant’s case. The Commission also considered the ‘exhaustion of local remedies rule’ but noted there were no domestic remedies available to the deportees as the circumstances of their arrest, detention and deportation did not allow…
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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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Kurić and Others v. Slovenia
Date of decision: 26 June 2012
Region/country: Europe / Slovenia
On Preliminary Objections On victim status, the Grand Chamber held that although Slovenia had acknowledged the breach of the Applicants’ rights and issued residence permits to six Applicants, this did not constitute ‘appropriate’ and ‘sufficient’ redress given the ‘widespread human-rights concern created by the ‘erasure’’ and the consequences for these Applicants over a nearly twenty-year period (paragraph 267). The Grand Chamber added that no compensatory…
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M.G. Tjebbes and Others v. Minister van Buitenlandse Zaken
Date of decision: 12 March 2019
Region/country: Europe / Netherlands
The Court clarified that, since the Applicants had not exercised their right to free movement within the EU, Article 21 TFEU did not need to be considered in its preliminary ruling. Recalling its ruling in Rottmann, the Court subsequent reminded that while Member States have competence to set conditions for acquisition and loss of nationality, this power must be exercised with due regard to EU…
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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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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…
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Smirnova v Russia
Date of decision: 24 October 2003
Region/country: Europe / Russia
Article 5 (Right to Liberty and Security): The interpretation of Article 5 emphasizes the protection of individual liberty and the necessity for judicial scrutiny of detention practices to ensure compliance with human rights standards. Article 5 guarantees the right to liberty and security of person. The Court found that there had been violations of Article 5 §§ 1 and 3 regarding the applicants' repeated remand…
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This initiative has been made possible with the support of UNHCR, the European Network on Statelessness, and Mallesons.