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.
39 cases found
-
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…
-
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…
-
Mazin Adil Ali Deng and Others v. Ministry of Interior and Another
Date of decision: 10 August 2016
Region/country: North Africa / Sudan
The Constitutional Court unanimously ruled in favour of the Applicants (7 judges agreeing). The Court held that Article 7(2) of the 2005 Interim National Constitution clearly states, ‘Every person born to a Sudanese mother or father shall have an inalienable right to enjoy Sudanese nationality.’ The court emphasized that the word ‘or’ provides alternative grounds for nationality. The Court invoked Article 3 of the Constitution…
-
Mennesson v France
Date of decision: 26 June 2014
Region/country: Europe / France
The Court agreed with the undisputed fact that the refusal of the French authorities to legally recognise the family ties between the Applicants constitutes an interference with both the family life and private life of the Applicants, which needs to be justified under Article 8(2) ECHR. The Court noted that the expression ‘in accordance with the law’ in Article 8(2) requires some basis in domestic…
-
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…
-
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…
-
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…
-
Paradiso and Campanelli v Italy
Date of decision: 24 January 2017
Region/country: Europe / Italy
The Court held, by eleven votes to six, that there had been no violation of Article 8 of the ECHR. ‘Family life’ within the meaning of Article 8 of the ECHR The Court concluded that there was no family life (or de facto family life) between the Applicants and the child within the meaning of Article 8 of the ECHR, due to the lack of…
-
Ramadan v Malta
Date of decision: 21 June 2016
Region/country: Europe / Malta
On Admissibility The Court found that the Applicant was not a victim due to a violation of Article 8 regarding the deportation, but he was a victim regarding the revocation of his citizenship. The Court held that ‘an Applicant cannot claim to be the ‘victim’ of a deportation measure if the measure is not enforceable’, which applies ‘in cases where execution of the deportation order…
-
Rattigan and Others v. Chief Immigration Officer of Zimbabwe
Date of decision: 13 June 1994
Region/country: Africa / Zimbabwe
Legal Framework and Interpretive Approach The Court considered the language in Section 11 of the Declaration of Rights, which stated that ‘every person in Zimbabwe is entitled to the fundamental rights and freedoms of the individual, that is to say, the right whatever his race, tribe, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of…
Page 3 of 4 for 39 cases
This initiative has been made possible with the support of UNHCR, the European Network on Statelessness, and Mallesons.