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.
100 cases found
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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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AS (Guinea) v Secretary of State for the Home Department
Date of decision: 12 October 2018
Region/country: Europe / United Kingdom
The Court determined that a person claiming to be stateless must provide evidence satisfying the standard of balance of probabilities and must apply for nationality as part of that evidence. It did not have to determine whether statelessness was relevant to the revocation of a deportation order because the appellant had not established that he was stateless. In its reasoning, the court held that the…
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Attorney General (Appellant) v Shannon Tyrek Rolle and 4 others (Respondents) (The Bahamas)
Date of decision: 04 May 2023
Region/country: Americas / The Bahamas
The Board dismissed the Attorney General’s appeal and held that the Constitution confers citizenship at birth to children born in The Bahamas whose mother is unmarried and not a citizen of The Bahamas and a father who is a citizen. Each of the Attorney General’s three overarching submissions are addressed below. Common law presumption The Board rejected the common law presumption argument advanced by the…
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Attorney-General v Dow
Date of decision: 03 July 1992
Region/country: Africa / Botswana
On Standing The Court held that the Respondent had standing to bring her application. This was on the basis of her parental relationship with the affected children, and the resulting impact on the respondent of the alleged discrimination. On the Merits The majority of the Court (Schreiner and Puckrin JJA dissenting) held that Section 4 of the Act was unconstitutional. The Court’s reasoning focused on…
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Audiencia Provincial de Guipúzcoa
Date of decision: 11 May 2022
Region/country: Europe / Spain
On the Statelessness of the Child The Court of Appeal upheld the First Instance Court's conclusion that the child was stateless, a finding supported by an interpretation provided by a lead expert of the UNHCR, which was produced as evidence. The Government of Spain did not challenge this conclusion on appeal. Applying the definition under Article 1(1) of the 1954 Convention, the Court found that…
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Case 002/02 Extraordinary Chambers Courts of Cambodia
Date of decision: 22 September 2022
Region/country: Asia / Cambodia
In their 2018 Case 002/02 judgment, the trial judges found both defendants guilty of genocide of the Vietnamese. The conviction was upheld on appeal in 2022. The trial judges approved the project of providing legal and education as reparation measure, stating: ‘The Chamber has determined that Civil Parties affected by the treatment of the Vietnamese suffered harm including psychological trauma, discrimination, material deprivation and, importantly…
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Case of Expelled Dominicans and Haitians v. Dominican Republic
Date of decision: 28 August 2014
Region/country: Americas / Dominican Republic
The Court found that the State had violated the presumed victim’s rights under the Convention, and ordered the State to pay reparations and to take administrative and legislative actions to remediate the presumed victim’s situation and to ensure these violations did not re-occur. Obligation to Prevent Statelessness The Court considered that while States have the power to determine nationality, they must exercise it in accordance…
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Case of the Yean and Bosico Children v. The Dominican Republic
Date of decision: 08 September 2005
Region/country: Americas / Dominican Republic
The Court unanimously rejected the State’s three preliminary objections to the children’s application, and ultimately found that the State had violated several rights under the American Convention. The Court emphasised that nationality is a fundamental human right enshrined in the American Convention and as a political and legal bond that connects a person to a specific State, it allows the individual to acquire and exercise…
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CCH & Anor v Pendaftar Besar bagi Kelahiran dan Kematian, Malaysia
Date of decision: 19 November 2021
Region/country: Asia / Malaysia
The Court held that the child was entitled to citizenship under section 1(a) of Part II (citizenship for those born in Malaysia to a parent who is a citizen or permanent resident) read together with section 19B of Part III (presumptions for abandoned newborns). Section 19B is a ‘supplementary’ provision designed to close gaps when a child's parentage is unknown. The Court interpreted ‘found exposed’…
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Centre for Child Law v Director-General Department of Home Affairs and Others
Date of decision: 22 September 2021
Region/country: Africa / South Africa
The majority of the Constitutional Court of South Africa held that Section 10 of the Act is unconstitutional as it is discriminatory against unmarried fathers on the basis of sex, gender and marital status, and is inconsistent with the best interests of children and their rights to dignity, equality, a name and nationality. The Court found that Section 10 of the Act resulted in a…
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This initiative has been made possible with the support of UNHCR, the European Network on Statelessness, and Mallesons.