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.
5 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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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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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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Habbal et al v Argentina
Date of decision: 31 August 2022
Region/country: Americas / Argentina
On Resolution 1088 (expulsion and detention orders) The Court first found that the content of Resolution 1088 and the procedure followed for its adoption ‘constituted a breach of the obligations of the State’ (paragraph 80). The Court found the Respondent (1) unlawfully ordered the expulsion of a citizen (Article 22(5)); (2) failed to follow lawful procedures for expelling lawful permanent residents (Article 22(6)); (3) denied…
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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.