CChapter 3: Comparative analysis of nationality laws
pending applications (many of which have already
been awaiting a response for years). Despite being
a form of administrative action, nationality decisions
are expressly excluded from the jurisdiction of the
administrative courts.182 This, however, seems to
contradict a provision in the Kuwaiti Constitution
stipulating that “Kuwaiti nationality shall be determined
by law and nationality may not be forfeited or
withdrawn unless within the limits of the law”,183 which
would suggest that decisions on the withdrawal of
nationality at least should be subject to some form of
appeal in order to review compliance with the law.
Moreover, there is jurisprudence to suggest that not
all nationality questions are non-justiciable in Kuwait.
In November 2007, the Court of Cassation ruled that
the administrative circuit is competent to decide on a
complaint regarding the refusal to issue a nationality
certificate to a person who has already acquired
nationality by operation of the law (in the case in
point, a daughter of a Kuwaiti national father).184 It
therefore appears that where the case concerns the
confirmation of nationality through the issuance of
the requisite documentation, rather than a dispute
over access to nationality itself, there may be a role
182 - See article 20 of Law No. 20 (1981) on the establishment of administrative
courts, as referenced in Human Rights Watch, Prisoners of the Past. Kuwaiti Bidun
and the Burden of Statelessness, June 2011, at page 18.
183 - Article 27, Kuwait Nationality Law, 1959.
184 - Case 219/2006 decided on 27 November 2007.
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