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.}

9 cases found

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)…
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…
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’…
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…
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…
Secretary of State for the Home Department v E3 and N3

Date of decision: 21 November 2019
Region/country: Europe / United Kingdom

The Court of Appeal allowed the Secretary of State's appeal. The Court found that SIAC had made two legal errors: First, SIAC applied the wrong approach to the burden of proof. The Court held that ‘the burden of proof on the issue of statelessness was on E3 and N3 throughout,’ not on the Secretary of State. Once the Secretary of State had demonstrated that she…
Sentenza n. 4262/2015

Date of decision: 04 November 2014
Region/country: Europe / Italy

The Supreme Court began by reaffirming that statelessness determination must go beyond formal nationality requirements and consider an applicant’s overall situation. It also recalled the 1954 Convention and Italian legislative provisions (Article 1 of the Consolidated Immigration Act; Legislative Decrees 25/2008 and 251/2007), which guarantee stateless persons the same fundamental rights as foreigners and direct access to ordinary courts, underscoring their constitutional importance. The Court…
Supreme Court, Judgment no. Kfv.II.37.715/2021/6

Date of decision: 25 May 2022
Region/country: Europe / Hungary

The Supreme Court ruled in favour of the Applicant. It held that ‘statelessness that is rooted in practice also corresponds to the definition of statelessness’ as in Hungarian law and the 1954 Convention (page 37). The Supreme Court noted that the burden of proof should be shared according to Hungarian law. As the procedure was initiated at his request, the Applicant should have provided any…
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…

This initiative has been made possible with the support of UNHCR, the European Network on Statelessness, and Mallesons.