Australian High Court (the apex court in Australia) overturned two decades of executive practice of indefinite immigration detention for persons who could not be deported to any country. The Court ruled that the constitutionally permissible period of detention comes to an end when there is no real prospect of removal of the person from the country in the reasonably foreseeable future.”407 Other rights There will often be opportunities to link the importance of identity documents to broader patterns of exclusion, especially based on discrimination in access to other rights—such as access to health care, education, housing or measures of social protection—and the particular vulnerability of stateless persons (compared to other non-citizens).  The European Court of Human Rights found that Latvia had unjustifiably discriminated in allocation of pension rights to a “permanently resident non-citizen” of Latvia, who had lived and worked in Latvia since the age of twelve, but received a lower pension based solely on her lack of Latvian nationality (and held no other nationality).408 Lack of identity documents may often be at the heart of such discrimination.  in a case brought by the European Roma Rights Centre to the UN Committee on the Elimination of All Forms of Discrimination Against Women on behalf of six Roma women evicted from their houses by North Macedonia, the CEDAW Committee stated: The Committee notes that neither the authors nor their parents hold identity documents, nor are they covered by the public (or private) health insurance system of the State party. As the authors are undocumented and without insurance, they have no access to adequate health-care facilities and are not entitled to any free primary, secondary or maternal health care.409 “Without litigation, we would still be struggling to show that nationality is the kind of right that can be violated in a particular case—that there is a duty side to the right.” -- Laura van Waas, Institute on Statelessness and Inclusion, The Netherlands NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37, discussed in Hannah Gordon, “NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs”, Statelessness & Citizenship Review, 6(1), (2024), pp.143-150. 407 408 Andrejeva v. Latvia, Appl. No. 55707/00, European Court of Human Rights, Judgment of 18 February 2009, https://hudoc.echr.coe.int/?i=001-91388; Case summary at: https://caselaw.statelessness.eu/caselaw/ecthr-andrejeva-v-latvia. 409 S.N. and E.R. v. North Macedonia, CEDAW/C/75/D/107/2016, CEDAW Committee, views adopted 24 February 2020, https://juris.ohchr.org/Search/ Details/2703. An application to the ECtHR based on the same facts was declared inadmissible: Erdjan Bekir and Others v. North Macedonia (application no. 46889/16), European Court of Human Rights, Decision of 24 June 2021, https://biroescp.gov.mk/wp-content/uploads/2021/07/BEKIR-AND-OTHERS-v.NORTH-MACEDONIA.pdf. 88 U N H C R | L I T I G AT I N G T H E R I G H T T O A N AT I O N A L I T Y: A G U I D E F O R P R AC T I T I O N E R S