StatelessHub Library

- Submit a resource
- StatelessHub

- Library
- Sign in

Previous 7 / 7 Next

Case Note practical circumstances in which applicants find themselves as a result of the conduct of those governments. 183

Select target paragraph3

● ● ●

RE DLSV and Minister for Immigration and Border Protectoin (2017) AATA 2999 (27 November 2017)

Documents

Author: K. Rubenstein and E. Harris

Journal / Publisher: Statelessness and Citzenship Review

Volume / issue: 1

Preview

Description: The decision is important because of the distinction drawn between ‘legal entitlement’ to a foreign nationality or citizenship, and the practical entitlement to such status. In other words, in what circumstances can it be said that although a person might have an entitlement to foreign citizenship as a matter of law, the realities of how the foreign power treats applicants may be so obstructive as to make the right nugatory in fact? The decision in Re DLSV reinforces the approach taken in Re KKRG and Re AP that obstructionist behaviour by foreign governments will not adversely affects applicants, so long as these applicants have taken reasonable steps to acquire a foreign citizenship. This means consideration must be given not only to the steps taken to fulfil the requirements set out by foreign governments, but also to the practical circumstances in which applicants find themselves as a result of the conduct of those governments.

Type of resource

Academic publication

Source

Academia : Individual Scholarship

Region

Africa
Asia / Pacific

Country

Australia
Zimbabwe

Theme

Legal / Digital Identity

Framework

Regional Frameworks

Date published: Jun 19, 2019

Source URL: Direct Link

Primary Documents

RE DLSV AND MINISTER FOR IMMIGRATION AND BORDER PROTECTION [2017] AATA 2999 (27 NOVEMBER 2017.pdf
English
Download View