SUDITA KEITA v. HUNGARY JUDGMENT
any relevant measures to inform the applicant about the possibility of
applying for stateless status at that time (see paragraph 11 above).
39. It is also to be emphasised that, up until the decision of the
Constitutional Court removing the “lawful stay” requirement from
section 76(1) of the RRTN Act (see paragraph 19 above), it was practically
impossible for the applicant to be recognised as stateless as he did not meet
that requirement. Thus, in reality, contrary to the principles flowing from
the 1954 UN Convention relating to the Status of Stateless Persons (see
paragraph 23 above), the applicant, a stateless individual, was required to
fulfil requirements which, by virtue of his status, he was unable to fulfil (see
Hoti, cited above, § 137).
40. The Court also observes that, following the decision of the
Constitutional Court of 23 February 2015 (see paragraph 19 above), it took
the domestic courts until 11 October 2017 (see paragraph 20 above) to reach
a final decision in the applicant’s case, ultimately granting him stateless
status.
41. Having regard to the combined effect of the above elements, the
Court is not persuaded that, in the particular circumstances of the
applicant’s case, the respondent State complied with its positive obligation
to provide an effective and accessible procedure or a combination of
procedures enabling the applicant to have the issue of his status in Hungary
determined with due regard to his private-life interests under Article 8 of the
Convention (see, mutatis mutandis, Hoti, cited above, § 141; compare and
contrast Abuhmaid v. Ukraine, no. 31183/13 § 126, 12 January 2017).
42. There has accordingly been a violation of Article 8 of the
Convention.
II. APPLICATION OF ARTICLE 41 OF THE CONVENTION
43. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols
thereto, and if the internal law of the High Contracting Party concerned allows only
partial reparation to be made, the Court shall, if necessary, afford just satisfaction to
the injured party.”
A. Damage
44. The applicant claimed 28,000 euros (EUR) in respect of pecuniary
damage, corresponding to lost employment opportunities, and EUR 360,000
in respect of non-pecuniary damage.
45. The Government contested these claims.
46. On the one hand, the Court considers that the applicant has not
demonstrated the existence of a causal link between the violation found and
the pecuniary damage alleged and therefore rejects this claim. On the other
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