Case Law

whether the meaning of “a national” as appears in the definition of “receiving country” in s 5 of the Migration Act 1958 (Cth) applies to a person who does not have a present status of a citizen of another country but is capable of acquiring that status – meaning does not apply in such a circumstance

24 June 2019 | Judicial Body: Australia: Federal Court | Topic(s): Citizenship / Nationality law - Statelessness | Countries: Australia - India - Sri Lanka

Citizenship Amendment Act 17 of 2010 - interpretation of s4(3) of the Act - section does not have a retrospective effect - respondents satisfy the requirements of citizenship by naturalisation - failure of the Minister to promulgate regulations for applications for citizenship in terms of s 23 of the Act - the order of the high court directing the Minister to accept applications on affidavits does not encroach upon the doctrine of separation of powers

30 November 2018 | Judicial Body: South Africa: Supreme Court of Appeal | Topic(s): Citizenship / Nationality law - Naturalization - Statelessness | Countries: South Africa

failure to regularize the residence status of a stateless migrant for many years considered violation of Article 8 (right to respect for private life)

26 April 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1954 Statelessness Convention | Topic(s): Citizenship / Nationality law - Right to a nationality - Statelessness | Countries: Albania - Croatia - Serbia

Unofficial Translation

7 September 2017 | Judicial Body: Sudan: Supreme Court | Topic(s): Citizenship / Nationality law | Countries: South Sudan - Sudan

7 September 2017 | Judicial Body: South Africa: High Court | Topic(s): Citizenship / Nationality law | Countries: South Africa

10 February 2017 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Citizenship / Nationality law - Deportation / Forcible return | Countries: Pakistan - United Kingdom of Great Britain and Northern Ireland

10 February 2017 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Citizenship / Nationality law - Deportation / Forcible return | Countries: Pakistan - United Kingdom of Great Britain and Northern Ireland

10 February 2017 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Citizenship / Nationality law - Deportation / Forcible return | Countries: Pakistan - United Kingdom of Great Britain and Northern Ireland

24 November 2016 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Citizenship / Nationality law - Criminal justice - Naturalization - Withdrawal of nationality | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland