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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Malawi African Association v Mauritania
Date of decision: 11 May 2000
Region/country: Africa / Mauritania
The Commission found that there had been violations of Articles 2, 4, 5, 6, 7(1)(a)-(d), 9.2, 10(1), 11, 12(1), 14, 16(1), 18(1) and 26 of the Charter. Article 12(1) provides that every individual shall have the right to freedom of movement and residence within state borders provided he abides by the law. The Commission held that evicting Black Mauritanians from their houses and depriving them…
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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…
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Mennesson v France
Date of decision: 26 June 2014
Region/country: Europe / France
The Court agreed with the undisputed fact that the refusal of the French authorities to legally recognise the family ties between the Applicants constitutes an interference with both the family life and private life of the Applicants, which needs to be justified under Article 8(2) ECHR. The Court noted that the expression ‘in accordance with the law’ in Article 8(2) requires some basis in domestic…
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Minister of Home Affairs v Ali and Others
Date of decision: 30 November 2018
Region/country: Africa / South Africa
The appeal was dismissed with costs. The Court confirmed that persons born in South Africa who meet the criteria in Section 4(3) may apply for citizenship upon attaining the age of majority irrespective of their birth date relative to 1 January 2013, on the following basis: Counsel for the Appellants conceded on appeal that the Respondents satisfied the jurisdictional requirements of Section 4(3). The concession…
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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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N3 (AP) v Secretary of State for the Home Department & ZA (AP) v Secretary of State for the Home Department
Date of decision: 26 February 2025
Region/country: Europe / United Kingdom
The Supreme Court held that if a deprivation order is withdrawn, it is to be treated as having no effect for the purpose of determining an individual’s citizenship status in the period from the date of the making of the order until it is withdrawn. The outcome was that E3 and N3 were regarded as having British citizenship throughout this period, and ZA qualified for…
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Nottebohm Case (Lichtenstein v. Guatemala)
Date of decision: 06 April 1955
Region/country: Europe / Liechtenstein
The ICJ decided that Liechtenstein was not entitled to take up Mr Nottebohm’s case and put forward an international claim on his behalf against Guatemala. The ICJ dealt with the issue without considering the validity of Mr Nottebohm’s naturalisation according to the Law of Liechtenstein. The ICJ enunciated that the grant of nationality is entitled to recognition by other States only if it represents a…
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Nubian Community of Kenya v Republic of Kenya
Date of decision: 28 February 2015
Region/country: Africa / Kenya
On Admissibility The African Commission found that, although local remedies were theoretically available in Kenya, they were not effective in practice for the Nubian community. Therefore, the claim was admissible. On the Rights to Equality and Non-Discrimination The African Commission found that the Kenyan Government’s treatment of the Nubian community in the acquisition of identity documents constituted a violation of the rights to equality and…
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Nubian Rights Forum & 2 others v Attorney General & 6 others; Child Welfare Society & 9 others (Interested Parties) [2020] KLR
Date of decision: 30 January 2020
Region/country: Africa / Kenya
The Petitioners’ case was partially successful. On the Petitioners’ challenge to the legislative process leading to the enactment of the omnibus Act, the Court held that the public was given sufficient time to participate. The Court otherwise noted that it was not the place of the courts to dictate the procedure to be used by the parliament in enacting legislation, provided it was not established…
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Nystrom v Australia
Date of decision: 01 September 2011
Region/country: Asia / Australia
Article 12(4) – arbitrary deprivation of right to enter own country The majority of the Committee initially considered the ‘his own country’ requirement, viewing the concept as being broader than ‘country of his nationality’ and inviting consideration of matters such as longstanding residence, close personal and family ties and intentions to remain, as well as the absence of such ties elsewhere. It considered Australia to…
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This initiative has been made possible with the support of UNHCR, the European Network on Statelessness, and Mallesons.