Question about granting second asylum to a Chinese national of Tibetan ethnicity born in India. Second asylum, within the meaning of Art. 50 LAsi, does not presuppose recognition as a refugee in a first state of asylum that is a signatory to the Refugee Convention.
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.