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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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…
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Anudo Ochieng Anudo v United Republic of Tanzania
Date of decision: 22 March 2018
Region/country: Africa / Tanzania
The Court noted that the application invoked the violation of three fundamental rights (in addition to other incidental rights): (i) the rights under Article 15 of the Universal Declaration of Human Rights to nationality and not to be arbitrarily deprived of nationality; (ii) the right under Article 13 of the International Covenant on Civil and Political Rights (‘ICCPR’) not to be arbitrarily expelled; and (iii)…
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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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Janko Rottmann v. Freistaat Bayern
Date of decision: 02 March 2010
Region/country: Europe / Germany
The Court began by clarifying the scope of its review over national measures that affect a person’s possession of EU citizenship. It acknowledged Declaration No 2 and the Edinburgh Decision, which state that nationality is determined solely by national law, however, it held that this did not remove the situation from the scope of EU law. The Court held that while Member States have competence…
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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…
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Usmanov v Russia
Date of decision: 22 December 2020
Region/country: Europe / Russia
In its analysis, the Court examined the annulment of nationality and the decision to forcibly remove the Applicant from Russian territory separately, as the annulment did not automatically result in removal, and the lower courts examined the issues separately. On the Annulment of Nationality The Court began by outlining its general principles concerning the scope of Article 8, explaining that while the right to ‘private…
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This initiative has been made possible with the support of UNHCR, the European Network on Statelessness, and Mallesons.