FRONTIERS RIGHTS
SEEKING NATIONALITY
THE JUDICIAL ODYSSEY OF APPLICANTS
Different Interpretation of Legal Concepts in Nationality
Lawsuits
The majority of the nationality lawsuits is fraught with problems deriving
from confusion and contradictory interpretations of legal concepts.
In some cases, the arguments presented by the lawyers in their legal
briefs were shallow, void of important specific data and supporting
documentation, and in some cases, they used wrong legal grounds. The
same could be found in the State’s counter arguments briefs as well as
the opinions submitted by the Civil Status authorities, and to a certain
degree by in courts’ decisions and rulings.
Another malpractice by a number of Single Judges consists of requesting,
before the lawsuit is officially registered or at the start of the case
proceedings, from the Civil Status Officer to provide registration
annotations of the Lebanese father’s civil records despite the fact that
the lawsuit is filed with all the requested documentation recently obtained
from the family civil registry extracts. Further, the Civil Status officer
may also be asked sometimes to attend the hearings and give and/or
offer his/her opinion on the lawsuit itself. This request is not legal, for the
only mandatory time the Civil Status Officer has to attend and provide an
opinion is in record correction lawsuits only.54 Sometimes the Civil Status
officer goes beyond its role and asks for the state to be included in the
case as a party in a non-contentious lawsuit.
Nonetheless, these practices first change the registration lawsuits from
non-contentious to a contentious one or a kind of “hybrid” lawsuits
and secondly complicate the proceedings leading to further the court
proceeding delays.
SEEKING NATIONALITY | PART 3
ARTICLE 601 OF CCP STATES
“Pursuant to the provisions of article 86 paragraph 1 clause 3, a third
party affected by the non-contentious judgment may challenge it,
within 8 days of the date of circulation of the judgment or one of its
implementing procedures, before the judge or the court which issued
this judgment. This may be done by a legal petition brief presenting the
reasons for challenging the judgment and requesting the appearance
of the person benefitting from the judgment before the judge or court. If
the judgment was issued by the Head of the Court of First Instance, the
challenge shall be submitted before said Court.
The period for challenging a judgment for the State and public
administrative institutions is 30 days from the date of notification.
If the affected third-party was not notified of the non-contentious
judgment or any of its implementing procedures, the third party may
appeal the judgment by challenging it in accordance with the provisions
of the previous paragraph throughout the period of prescription of its
right. The challenge shall be considered judicially and immediately.”
Lawyers’ Legal Briefs: Confusing legal grounds and void
of necessary proves of evidence.
In a few numbers of nationality lawsuits, plaintiffs’ lawyers filed short legal
briefs that lacked proper argumentation and justification. They lacked
detailed facts of the case. In some cases, the facts of the cases were
misrepresented and/or contradicted the supporting documents and/or the
statements of the witnesses. In other cases, the legal grounds are confused.
For example, in one lawsuit, the submitted lawyer’s legal brief contained
two distinctive legal grounds that cannot be used interchangeably and
contradicting the case facts. The case involved a foundling born to
unknown parents. However, the lawyer used the legal ground “born to
unknown parents” and “born to parents of unknown nationality” which
means that parents are known!
In another lawsuit, the lawyer’s legal brief requested the nationality for
the plaintiff on ground that he was born in Lebanon to parents “without
nationality”. Further, the brief did not provide any details and facts as
proof of evidence that the parents do not hold any nationality and the
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