Case summaries
Germany - Federal Administrative Court, 26 February 2009, 10 C 50.07
Country of applicant:
Azerbaijan, Russia
Keywords:
Assessment of facts and circumstances, Country of former habitual residence, Individual assessment, Internal protection, Persecution (acts of), Personal circumstances of applicant, Safe third country, Stateless person
- The denial of citizenship may represent a severe violation of basic human rights according to Art. 9.1 (a) of the Qualification Directive.
- In assessing the severity of the violation of rights caused by the denial of citizenship, under Art. 4.3 of the Qualification Directive, the individual situation and personal circumstances of the person concerned have to be taken into account.
- A person is stateless according to Section 3 (1) of the Asylum Procedure Act, if no state considers him/her as a national under its own law, i.e. a de jure stateless person. For de-facto stateless persons, therefore, a threat of persecution has to be established with reference to the state of their de jure nationality.
- The habitual residence of a stateless person under Section 3 (1) of the Asylum Procedure Act does not need to be lawful. It is sufficient if the focus of the stateless person’s life is in the country, and therefore the stateless person did not merely spend a short time there, and the competent authorities did not initiate measures to terminate his/her residence.
Date of decision:
15-02-2009
Relevant International and European Legislation:
EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 4.3 (e),Art 27,Art 4.4,Art 4.3 (c),UNHCR Handbook,Art 9.1 (a),Art 2 (c),Art 25.2 (c),Para 104,Para 105,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 15