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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Alexander v Minister for Home Affairs
Date of decision: 08 June 2022
Region/country: Asia / Australia
Is s36B supported by a head of Commonwealth legislative power? The Court rejected Mr Alexander’s argument that s36B is not within the power of the Parliament to make laws with respect to ‘naturalization and aliens’ under s51(xix) of the Constitution. The Court considered that the Constitution left it to Parliament to decide who shall be granted the status of citizenship and what that status may…
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Emin Huseynov v Azerbaijan (No. 2)
Date of decision: 13 July 2023
Region/country: Europe / Azerbaijan
The Court found that there had been an arbitrary revocation of the Applicant’s citizenship, violating Article 8 of the Convention. The Court began their analysis by emphasising that they must follow a ‘consequence-based approach’, looking at what the consequences of the measure were for the Applicant, and whether the measure in question was arbitrary (see Usmanov v Russia). Here, the Court noted that the Applicant…
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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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JY v Wiener Landesregierung
Date of decision: 18 January 2022
Region/country: Europe / Austria
Addressing the first question, the CJEU began by recalling the judgments in Rottmann (C-135/08) and Tjebbes and Others (C-221/17). It found that situations in which a national of a Member State relinquishes their nationality and is therefore at risk of losing their EU citizenship fall within the ambit of EU law. Unlike the other cases, however, the contested decision itself did not directly result in…
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Mulowayi and Others v Minister of Home Affairs and Another
Date of decision: 29 January 2019
Region/country: Africa / South Africa
The Court held that the High Court’s declaration of invalidity of regulation 3(2)(a) did not need confirmation, because Section 172(2)(a) of the Constitution only requires confirmation for Acts of Parliament, provincial laws, or conduct by the President, not for regulations made by Ministers. As a result, the Applicants’ request for confirmation was refused as unnecessary. The Court also found that the High Court had erred…
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This initiative has been made possible with the support of UNHCR, the European Network on Statelessness, and Mallesons.