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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Genovese v. Malta
Date of decision: 11 October 2011
Region/country: Europe / Malta
The Court first dismissed the Government’s preliminary objections, holding that the case concerned the Applicant’s eligibility for nationality before the 2007 amendments. Therefore, his failure to apply after those amendments was irrelevant. It also found that the Applicant had properly raised an Article 14 complaint in conjunction with both private and family life under Article 8 before the domestic courts. The Court then held that…
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Ghoumid and Others v France
Date of decision: 25 June 2020
Region/country: Europe / France
On Article 8 The Applicants argued that both their right to respect for private life and for family life had been breached. The complaint with regards to family life was deemed inadmissible, with the Court noting that ‘an order made to deprive a person of French nationality will have no effect on that person’s presence in France’ (paragraph 42), and that if the Applicants were…
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H.F. and Others v. France
Date of decision: 14 September 2022
Region/country: Europe / France
The Court considered that there was no need to examine the complaint under Article 13 separately, as relevant substantive elements of this claim would be considered in its analysis of Article 3(2) of Protocol No. 4. The Court unanimously declared the complaint under Article 3 of the Convention inadmissible, finding that the Applicants’ family members did not fall within France’s jurisdiction. It held that France…
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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…
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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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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…
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Hoti v Croatia
Date of decision: 26 July 2018
Region/country: Europe / Croatia
The Court found that the Applicant's case did not concern an ‘erasure’ from residence registers, as the evidence showed he lacked a registered residence in Croatia at the time of independence. The Court noted that the Applicant’s case should be distinguished from cases concerning ‘settled migrants’, namely persons who had already been formally granted a right of residence in a host country and where a…
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IHDRA and Open Society Justice Initiative (on behalf of children of Nubian descent in Kenya) v Kenya
Date of decision: 22 March 2011
Region/country: Africa / Kenya
On Admissibility The Committee reviewed the Communication and found it met all formal requirements: it was not anonymous, was written, concerned a State Party, was respectful, and was based on direct witness evidence, not solely media reports. The main issue was whether local remedies had been exhausted. The Committee emphasised that only remedies that are available, effective, and sufficient must be exhausted, and noted that…
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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…
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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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This initiative has been made possible with the support of UNHCR, the European Network on Statelessness, and Mallesons.