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.
28 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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Andrejeva v. Latvia
Date of decision: 18 February 2009
Region/country: Europe / Latvia
The Court rejected the preliminary objections concerning victim status and jurisdiction, finding that the Government had lodged each inadmissibility complaint out of time according to the Rules of the Court. These objections were also dismissed on substantive grounds, with the Court holding that the Applicant’s situation remained unchanged despite the passing of the 2008 Latvia–Russia agreement, and consequently that her status as a victim under…
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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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AS (Guinea) v Secretary of State for the Home Department
Date of decision: 12 October 2018
Region/country: Europe / United Kingdom
The Court determined that a person claiming to be stateless must provide evidence satisfying the standard of balance of probabilities and must apply for nationality as part of that evidence. It did not have to determine whether statelessness was relevant to the revocation of a deportation order because the appellant had not established that he was stateless. In its reasoning, the court held that the…
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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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D.Z. v Netherlands
Date of decision: 20 January 2021
Region/country: Europe / Netherlands
The Committee highlighted that, under Article 24(1), the primary consideration in decisions relating to a minor must be the best interests of the minor concerned as it forms an integral part of every child’s right to measures of protection. The Committee noted that, according to the UNHCR Guidelines on Statelessness No. 4, States must recognise an individual as not having the nationality of a State…
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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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Emin Huseynov v Azerbaijan (No. 2)
Date of decision: 13 July 2023
Region/country: Europe / Azerbaijan
The Court found that there had been an arbitrary revocation of the Applicant’s citizenship, violating Article 8 of the Convention. The Court began their analysis by emphasising that they must follow a ‘consequence-based approach’, looking at what the consequences of the measure were for the Applicant, and whether the measure in question was arbitrary (see Usmanov v Russia). Here, the Court noted that the Applicant…
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H.F. and Others v. France
Date of decision: 14 September 2022
Region/country: Europe / France
The Court considered that there was no need to examine the complaint under Article 13 separately, as relevant substantive elements of this claim would be considered in its analysis of Article 3(2) of Protocol No. 4. The Court unanimously declared the complaint under Article 3 of the Convention inadmissible, finding that the Applicants’ family members did not fall within France’s jurisdiction. It held that France…
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This initiative has been made possible with the support of UNHCR, the European Network on Statelessness, and Mallesons.