S TAT E L E S S B Y D E C R E E
D EC REE L A W 5 2 / 2 0 2 6
— C ONT IN UED
THE ME / ARE A
BE FO RE — THE L AW TO 2 0 2 4
Re-acquisition of
Eligible
citizenship by a woman
who was originally Kuwaiti
but who relinquished
citizenship
Revocation of nationality
of a naturalised person
Specific convictions and/or security
and undefined conduct contrary to
“honour”, including dismissal from
state employment; undefined acts
against national security
Retrospective application Expressly ruled out
of decisions
A FTE R — THE L AW FR O M 2 0 24 / 6
Eligible under specific
restrictions
Broadly similar but expanded scope
for revocation, including joining a
proscribed organisation; where
revocation is also applicable to
descendents. (see Arts 13 and 14 in
both sets of law)
Retrospectivity included, ie, state
may revoke nationality of person
naturalised in, eg, 1971, and apply the
decision to all descendents including
minors born in Kuwait, who have no
connection to any other state.
Art 20 states that genetic profiling
and biometric identification “may be
used in cases involving the loss,
withdrawal, or revocation of
nationality, as well as when adding
any person to the fatherʼs nationality
file, in accordance with the criteria
and regulations to be issued by a
decision of the Minister of
Interior.”60
Evidence for citizenship
Burden of proof on the applicant
(Art 20)
Due process / judicial
review of state decision
Not expressly addressed but
litigation has repeatedly occurred
until 2024 in relation to state
process.
Art 22 states: “[A]ll decrees and
decisions relating to nationality shall
be deemed acts of sovereignty, and
the courts shall not have jurisdiction
to review them.”61
Consequences of
revocation of citizenship
Not detailed
Concerned person must repay all
benefits (Art 16)
27
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