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.}

11 cases found

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…
African Centre of Justice and Peace Studies (ACJPS) And People's Legal Aid Centre (PLACE) v Sudan

Date of decision: 04 May 2018
Region/country: Africa / Sudan

The Committee found the Respondent: violated its obligation under Article 3 of the Charter on non-discrimination; violated Article 6(3) and 6(4) of the Charter on the right to nationality and the prevention of statelessness; as a consequence of the above violations, also violated Article 11 of the Charter on the right to education; and did not violate Articles 18(1) and 19(1) of the Charter on…
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…
East African Asians v The United Kingdom

Date of decision: 14 December 1973
Region/country: Europe / United Kingdom

The Commission considered that the six applications brought by British protected persons must be distinguished from the 25 cases of CUKCs as British protected persons, according to English law, are not British subjects and remained subject to immigration control under the 1962 Act. The Commission held that the legislation was not discriminatory and did not constitute ‘degrading treatment’ under Article 3 in relation to British…
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…
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…
Legal Resources Foundation v Zambia

Date of decision: 23 April 2001
Region/country: Africa / Zambia

The Commission considered the rules as potentially depriving the country of potential resources and leadership and also considered, from an individual point of view, being able to vote but not to stand for office. The Commission also considered that there were a number of Zambian citizens whose parents were not born in the Republic of Zambia. This was because before the breakup of the Central…
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…
Partial Award, Civilians Claims, Eritrea’s Claims 15, 16, 23 & 27–32 Between the State of Eritrea and The Federal Democratic Republic of Ethiopia

Date of decision: 17 December 2004
Region/country: Africa / Eritrea, Ethiopia

The Commission found that the issuance of Eritrean nationality cards to enable participation in the 1993 Referendum did carry important legal consequences, including the acquisition of Eritrean nationality in fact. While the governing entity issuing the cards was not yet formally recognised as an independent State, it otherwise reflected the characteristics of a State in international law. The Commission first considered the legal consequences of…
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.