SUDITA KEITA v. HUNGARY JUDGMENT
20. On 5 October 2015 the Budapest Administrative and Labour Court
recognised the applicant as a stateless person. On appeal, on 11 October
2017, that decision was upheld by the Budapest High Court.
21. Once granted stateless status by virtue of the Budapest High Court’s
decision of 11 October 2017, the applicant regained the entitlement to basic
healthcare and employment (in line with the relevant provision of Act no. II
of 2002 on the promulgation of the 1954 UN Convention relating to the
Status of Stateless Persons) and there were no longer any obstacles for him
to get married.
22. The applicant submitted, uncontested by the Government, that he
had been living together with his Hungarian girlfriend since 2009 and had
successfully completed a heavy-machinery operator course in 2010 with a
view to being issued with a work permit.
It is not known whether or not he eventually got married.
RELEVANT LEGAL FRAMEWORK
23. The relevant provisions of the Convention relating to the Status of
Stateless Persons (United Nations, Treaty Series, vol. 360, p. 117), of
26 April 1954, to which Hungary acceded on 21 November 2001, provide
as follows (see also Hoti v. Croatia, no. 63311/14, § 65, 26 April 2018):
Article 1 – Definition of the term “stateless person”
“1. For the purpose of this Convention, the term “stateless person” means a person
who is not considered as a national by any State under the operation of its law.”
Article 6 – The term “in the same circumstances”
“For the purpose of this Convention, the term “in the same circumstances” implies
that any requirements (including requirements as to length and conditions of sojourn
or residence) which the particular individual would have to fulfil for the enjoyment of
the right in question, if he were not a stateless person, must be fulfilled by him, with
the exception of requirements which by their nature a stateless person is incapable of
fulfilling.”
Article 12 – Personal status
“1. The personal status of a stateless person shall be governed by the law of the
country of his domicile or, if he has no domicile, by the law of the country of his
residence.”
Article 25 – Administrative assistance
“1. When the exercise of a right by a stateless person would normally require the
assistance of authorities of a foreign country to whom he cannot have recourse, the
Contracting State in whose territory he is residing shall arrange that such assistance be
afforded to him by their own authorities.”
4