Case Law

Due to the authorities mishandling of procedures related to the granting of citizenship, the applicants had found themselves not only in a situation comparable to that in the Smirnova case, but also faced consequences affecting their social identity far more fundamentally as they had been deprived of any legal status in Russia. They had become stateless persons and remained so until 2010 and 2013 respectively. It had taken the authorities from 2007 until 2013 for the general problem to be solved. Since the authorities’ oversight had resulted in consequences for the applicants so severely affecting their private life, it amounted to an arbitrary interference. The authorities had thus failed to act diligently.

12 June 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Passports - Statelessness | Countries: Russian Federation

6 April 2017 | Judicial Body: Switzerland: Tribunal administratif fédéral | Topic(s): Passports - Rejected asylum-seekers - Statelessness - Travel documents | Countries: Nigeria - Russian Federation - Sierra Leone - Switzerland

6 April 2017 | Judicial Body: Switzerland: Tribunal administratif fédéral | Topic(s): Passports - Rejected asylum-seekers - Statelessness - Travel documents | Countries: Nigeria - Russian Federation - Sierra Leone - Switzerland

Unofficial English translation below. Official Spanish decision attached.

24 June 2015 | Judicial Body: Ecuador: Corte Constitucional | Topic(s): Asylum-seekers - Expulsion - Illegal entry - Non-refoulement - Passports - Refoulement - Refugee / Asylum law - Refugees - Visas

5 April 2013 | Judicial Body: Finland: Supreme Court | Topic(s): 1951 Refugee Convention - Asylum-seekers - Criminal justice - Entry / Exit - False documents - Passports - Smuggling of persons - Travel documents | Countries: Afghanistan - Finland

Cet arrêt est devenu définitif en vertu de l’article 44 § 2 de la Convention. Il peut subir des retouches de forme.

20 December 2011 | Judicial Body: Council of Europe: European Court of Human Rights | Countries: Belgium - Cameroon

Heard at Procession House on 15 and 16 December 2009, and at Field House on 22 and 23 February 2010. Closing submissions received on 10 June 2010.

11 April 2011 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Country of origin information (COI) - Deportation / Forcible return - International criminal law - International humanitarian law (IHL) / Geneva Conventions - Jurisdiction - Palestinian - Passports - Persecution based on nationality - Statelessness - Statelessness - Well-founded fear of persecution | Countries: Palestine, State of - United Kingdom of Great Britain and Northern Ireland

18 November 2010 | Judicial Body: New Zealand: Court of Appeal | Topic(s): Asylum-seekers - Evidence (including age and language assessments / medico-legal reports) - False documents - Illegal entry - Immigration law - Passports | Countries: New Zealand - Syrian Arab Republic