Case Law

1. The word “admissible” must mean in the context of paragraph 403(c) the ability to enter lawfully and reside lawfully. “Admissible” does not incorporate the concept of “permanent residence”. 2. The Statelessness Convention does not impose a requirement on contracting parties to grant either permanent residence or citizenship.

25 March 2021 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Legal Instrument: 1954 Statelessness Convention | Topic(s): Entry / Exit - Residence permits / Residency - Statelessness | Countries: Kuwait - United Kingdom of Great Britain and Northern Ireland

I have concluded that the evidence establishes that the children would, on a balance of probabilities, suffer serious harm if returned to their habitual residence of Kuwait. Ontario therefore may and should exercise jurisdiction to determine custody and access. I have also concluded that it was an error to order the return of the children pending the determination of their refugee claim.

29 July 2020 | Judicial Body: Canada: Court of Appeal for Ontario | Topic(s): Children's rights - Children-at-risk - Physical harm - Refugee status determination (RSD) / Asylum procedures | Countries: Canada - Kuwait

25 April 2017 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Family reunification - Refugee status determination (RSD) / Asylum procedures - Right to family life - Visas | Countries: Iraq - Kuwait - United Kingdom of Great Britain and Northern Ireland

28 May 2014 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Bedoon - Persecution based on political opinion - Religious persecution (including forced conversion) - Statelessness | Countries: Australia - Iraq - Kuwait

22 July 2013 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Citizenship / Nationality law - Denial of nationality - Discrimination based on race, nationality, ethnicity - Persecution of family members - Racial / Ethnic persecution - Refugee status determination (RSD) / Asylum procedures - Right to a nationality - Statelessness - Statelessness | Countries: Iraq - Kuwait - United Kingdom of Great Britain and Northern Ireland

2 April 2013 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Racial / Ethnic persecution - Refugee status determination (RSD) / Asylum procedures - Religious persecution (including forced conversion) - Returnees - Social group persecution - Statelessness - Statelessness Determination Procedures - Sunni | Countries: Australia - Iraq - Kuwait

25 January 2012 | Judicial Body: Australia: Federal Magistrates Court | Topic(s): Denial of nationality - Refugee status determination (RSD) / Asylum procedures - Religious discrimination - Religious persecution (including forced conversion) - Statelessness | Countries: Australia - Kuwait

Application for judicial review.

17 January 2011 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Bedoon - Credibility assessment - Fresh / New claim - Refugee status determination (RSD) / Asylum procedures - Rejected asylum-seekers - Statelessness - Statelessness | Countries: Kuwait - United Kingdom of Great Britain and Northern Ireland

29 July 2010 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Bedoon - Country of origin information (COI) - Discrimination based on race, nationality, ethnicity - Passports - Persecution based on nationality - Racial / Ethnic persecution - Social group persecution - Statelessness | Countries: Kuwait - New Zealand