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
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Abid Khan and others v Government of Bangladesh and others
Date of decision: 05 May 2003
Region/country: Asia / Bangladesh
The Court considered Section 7(1) of the Electoral Rolls Ordinance 1982 and explained that the two vital issues to be decided were the citizenship of the petitioners and the legal implications of their residence at Geneva Camp. Regarding the First Group, the Court found that: The two Petitioners were entitled to citizenship under Article 2 of the President’s Order for the reasons argued by the…
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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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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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Nystrom v Australia
Date of decision: 01 September 2011
Region/country: Asia / Australia
Article 12(4) – arbitrary deprivation of right to enter own country The majority of the Committee initially considered the ‘his own country’ requirement, viewing the concept as being broader than ‘country of his nationality’ and inviting consideration of matters such as longstanding residence, close personal and family ties and intentions to remain, as well as the absence of such ties elsewhere. It considered Australia to…
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Open Society Justice Initiative v Côte d’Ivoire
Date of decision: 28 February 2015
Region/country: Africa / Côte d’Ivoire
The African Commission on Human and Peoples Rights (‘the Commission’) found that Côte d’Ivoire’s nationality regime, characterised by vague definitions and excessive discretion granted to State authorities, resulted in the arbitrary denial of nationality and widespread statelessness (both practically and theoretically), particularly affecting the Dioula ethnic group and other northern populations. Although the African Charter does not explicitly guarantee a right to nationality, the Commission…
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Sadaqat Khan v Chief Election Commissioner
Date of decision: 18 May 2008
Region/country: Asia / Bangladesh
The Court held that the Petitioners were nationals of Bangladesh by birth and residence and therefore entitled to be enrolled as a voter on the electoral roll and receive a National Identity Card. Key to the Court’s finding were the following legislative provisions: Article 6 of the Constitution provided that nationality of Bangladesh shall be determined and regulated by law; Article 2 of the Bangladesh…
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This initiative has been made possible with the support of UNHCR, the European Network on Statelessness, and Mallesons.