SUDITA KEITA v. HUNGARY JUDGMENT
(see paragraph 22 above); therefore, there can be no doubt that he has
enjoyed private life in Hungary (see, mutatis mutandis, Hoti, cited above,
§ 125).
34. The Court observes that the applicant’s legal status in Hungary was
uncertain between 2002 and 11 October 2017, that is to say, for about
fifteen years. Indeed, the only period when he had a valid, albeit temporary,
humanitarian residence permit was between 19 July 2006 and 19 July 2008
(see paragraph 12 above). This state of affairs resulted in long periods when
he had no entitlement to healthcare or employment in Hungary (see
paragraphs 9 and 14-20 above). It was only on 11 October 2017 that, by
virtue of the Budapest High Court’s decision, the applicant regained the said
entitlement (see paragraph 20 above). In these circumstances, the Court
accepts that the uncertainty of the applicant’s legal status had adverse
repercussions on his private life (see, mutatis mutandis, Hoti, cited above,
§ 126).
35. A further important element in the present case is the fact that the
applicant is currently stateless (see paragraph 21 above, and Hoti, cited
above, § 128).
36. The Court considers it important to note several aspects of the
proceedings related to the applicant’s status in Hungary. It cannot subscribe
to the Government’s arguments revolving around the consideration that
Article 8 of the Convention cannot be interpreted as requiring the State to
grant stateless status to a person (see paragraph 29 above). The applicant’s
complaint does not concern the impossibility for him to obtain stateless
status as such, but the general impossibility of regularising his status in
Hungary for a fifteen-year-long period. The Court is therefore not called
upon to examine whether the applicant should have been granted stateless
status (which was ultimately granted on 11 October 2017 – see paragraph 20
above), but rather to examine whether he had an effective possibility of
regularising his status, allowing him to lead a normal private life in Hungary
(see, mutatis mutandis, Hoti, cited above, § 131).
37. At this juncture, the Court notes that the applicant – following the
decision on 29 November 2002 on the refusal of recognition of refugee
status (see paragraph 7 above) – effectively lived in Hungary without any
legal status while being deprived of basic entitlements to healthcare and
employment. As mentioned above, this situation was interrupted only by the
two-year period after 19 July 2006, when the applicant was granted a
humanitarian residence permit as an exile (see paragraphs 12 and 34 above).
38. It was uncontested by the Government that the Nigerian embassy in
Budapest had refused to recognise the applicant’s Nigerian citizenship at
some time in 2006 (see paragraph 10 above), rendering the applicant de
facto stateless from that point in time. The Court observes that the domestic
authorities, in disregard of the Government Decree, did not consider taking
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