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HOTI v. CROATIA JUDGMENT
A. Background to the case
6. In 1960 the applicant’s parents fled Albania as political refugees and
settled in Kosovo,1 which was at the relevant time an autonomous province
of Serbia. They were granted refugee status in the former Socialist Federal
Republic of Yugoslavia (“the SFRY”). The SFRY was a federal State
composed of six republics: Bosnia and Herzegovina, Croatia, Serbia (with
two autonomous provinces, Vojvodina and Kosovo), Slovenia, Montenegro
and Macedonia.
7. The applicant was born in Kosovo soon after his parents’ arrival to the
SFRY. In 1979 the applicant, at the time seventeen years old, came from
Kosovo to Croatia. He settled in Novska, where he has lived ever since.
8. The applicant has no family in Croatia. Since moving to Croatia, his
parents have died in Kosovo. For a while, the applicant maintained a
relationship with his two sisters, who lived in Germany and Belgium (see
paragraphs 21, 29 and 35 below). In 2014 he declared to the domestic
authorities that his only close relative was his sister in Belgium, with whom
he had lost contact (see paragraph 48 below).
9. In 1987 the applicant applied for a permanent residence permit to the
relevant police station in Novska.
10. He was instructed by the Novska police that he should regularise his
status in Kosovo, where he had been officially registered. However, as the
applicant refused to do that, he was provided with a temporary residence
permit in Novska for the period between 4 January and 30 June 1988,
pending the determination of his request for a permanent residence permit.
11. At the relevant time, the applicant possessed a certificate issued by
the SFRY authorities in Kosovo in 1988 indicating that he had been an
Albanian national with the status of a foreigner holding a temporary
residence permit in the SFRY. The certificate also indicated that the
applicant’s parents had been nationals of Albania living in the SFRY as
refugees.
12. On 2 February 1989 the Ministry of the Interior of the then Socialist
Republic of Croatia informed the Novska police that the applicant’s
application for a permanent residence permit in the SFRY had been refused
in accordance with the government policy according to which Albanian
refugees should be instructed to apply for the SFRY citizenship.
13. On 22 February 1989 the applicant was interviewed by the Novska
police in connection with the Ministry of the Interior’s instruction. He
explained that he had been granted a temporary residence permit by the
relevant authorities in Kosovo which was valid until July 1989. He also
stated that he had attempted to travel to Germany but had not had a valid
1. All references to Kosovo, whether to the territory, institutions or population, in this text
shall be understood in full compliance with the United Nations Security Council
Resolution 1244 and without prejudice to the status of Kosovo.