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.}

19 cases found

Advisory Opinion on Proposed Amendments to the Naturalization Provision of the Constitution of Costa Rica

Date of decision: 19 January 1984
Region/country: Americas / Costa Rica

The Court held: There was no violation of Article 20 (right to nationality) in the proposed amendments (5–1 decision). The preferential treatment based on regional affinity was acceptable(Unanimous) Differentiation between natural-born and naturalized Central Americans/Ibero-Americans is not discriminatory (5–1; Judge Buergenthal dissenting) Language and civic requirements are not discriminatory per se (5–1; Judge Piza dissenting) Gender-specific naturalization through marriage is discriminatory and violates the Convention…
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…
Anonymous vs Federal Government of Germany (BVerwG 5 C 12.10)

Date of decision: 11 November 2010
Region/country: Europe / Germany

The Appellant’s application for judicial review was dismissed. Legality of the Decision to Withdraw Citizenship The Court held that the Appellee’s decision to withdraw the Appellant’s citizenship on 4 July 2000 had sufficient legal basis. Even though the withdrawal provision applicable to cases of naturalisation by deception did not exist at the time the decision was made (section 35, German Nationality Act (‘StAG’), the public…
Communication No. 1959/2010 (Warsame v Canada)

Date of decision: 01 September 2011
Region/country: Americas / Canada

The HRC (by a majority) found that deporting Warsame to Somalia would violate his rights under articles 6(1), 7, 12(4), 17 and 23(1) of the ICCPR: Articles 6(1) and 7 - due to the real risk of irreparable harm he would face (p. 16). Article 12(4) – the Committee determined that Canada was Warsame’s ‘own country’ due to his cultural, social and familial ties, and…
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.
F.B. et al and D.A. et al. v France

Date of decision: 08 February 2022
Region/country: Europe; Middle East; North Africa / France

Admissibility The Committee noted that some children had been repatriated to France and that for this reason communication No. 77/2019 was moot and that its consideration should be discontinued insofar as it related to the State Party’s failure to repatriate those children. The Committee found some of the authors’ claims to be inadmissible under article 7(f) of the Optional Protocol, but that the authors’ claims…
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…
Heisei 30 Nen (Gyou-Ko), No 232

Date of decision: 29 January 2020
Region/country: Asia / Japan

The Tokyo High Court first considered the Plaintiff’s nationality status by examining his connections to the former Soviet Union, Russia, and Georgia and accepted that the Plaintiff is stateless. In relation to refugee status, the Court held that the Minister of Justice’s refusal to recognise the Plaintiff as a refugee should be revoked. Applying the definition in Art 1(A)(2) of the Refugee Convention, the Court…
IHRDA (on behalf of Esmaila Connateh & 13 others) v Angola

Date of decision: 22 May 2008
Region/country: Africa / Republic of Angola

While the Complainant made written submissions on the merits, the Respondent made no submissions despite being given opportunities to do so. In those circumstances, the Commission decided to consider the Complainant’s case. The Commission also considered the ‘exhaustion of local remedies rule’ but noted there were no domestic remedies available to the deportees as the circumstances of their arrest, detention and deportation did not allow…
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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This initiative has been made possible with the support of UNHCR, the European Network on Statelessness, and Mallesons.