SEEKING NATIONALITY
THE JUDICIAL ODYSSEY OF APPLICANTS
A large number of
the State’s counter
arguments in a number
of reviewed nationality
lawsuits show that they
fail to present serious
legal analysis in terms
of its legal grounds,
merits, and reasoning
and do not present
justification for their
decisions.
Applicant was born in
Lebanon. Yet, the legal brief
concluded that “it has been
established and proven
that the Applicant was born
in Lebanon and did not
acquire, by birth, any foreign
nationality, and that his
parents are of an unknown
nationality”!
Another lawsuit before the Court of First Instance was based on Article
4 of Decision No. 15/1925. The plaintiff was a child born to a naturalized
father by the Naturalization Decree No. 5247/1994. The plaintiff was a
minor when her father acquired the Lebanese nationality. The lawyer only
stated that she was born to a father who was naturalized. He failed to
mention the two conditions for the applicability of Article 4 provisions:
the date of birth of the plaintiff and the date the father executed the
naturalization decree and acquired the Lebanese nationality!
In a lawsuit involving the acquisition of the nationality submitted on behalf
of a nomad plaintiff and his son on the basis of birth in Lebanon and
belonging to nomadic tribe residing in Lebanon for decades. The lawyer’s
legal brief was quasi void of necessary proof of the two conditions. It did
not provide reasonable evidence supported with documentation about the
family’s ancestors were nomads who did not register in 1932 population
census for historical reasons, and the birth occurred on the Lebanese
territory. The lawyers supported the case by giving facts about the Plaintiff
relatives who were registered in Lebanese registers in order to prove that
the plaintiff has Lebanese roots on the basis that his ancestors from his
father’s side were residing on the Lebanese territory in 1924 and were
born in Lebanon. Moreover, the lawsuit was submitted on behalf of the
father only as no facts were presented regarding the son! Furthermore,
the legal grounds and facts were badly muddled. The legal grounds were
badly muddled. The lawsuit was submitted on grounds of paragraph 2 of
Article 1 of Decision 15 (born in Lebanon and did not acquire any foreign
nationality upon birth) rather than Article 1 of Decision No. 2825/1924
(having Lebanese roots and residing in Lebanon in 1924 but not acquiring
the Lebanese nationality)!
State Counter arguments: A Long List of Negligence
In nationality lawsuits, the State is represented by lawyers assigned by
the Ministry of Justice – Case Affairs body. A large number of the State’s
counter arguments in a number of reviewed nationality lawsuits show that
they fail to present serious legal analysis in terms of its legal grounds,
merits, and reasoning and do not present justification for their decisions.
They usually adopt the opinion of the General Directorate of Personal Civil
Status Department, particularly when their opinions tend to be negative.
In such situation, it becomes difficult for the plaintiff to respond to such
counter argument briefs. This violates the right to defend the claim and
respond to the State’s arguments.
Some of the State’s counter arguments are abusive of the process and
indicate the State’s practice to just provide legal grounds regardless
if they are valid or not. In addition, some State’s counter arguments
are filled on a pre-set template and all counter argument briefs
systematically contains the expression “request to dismiss the case
on procedural grounds” without tackling the plaintiff’s requests and
thoroughly looking into the Applicant legal brief to see if it is contrary to
the process of law and should be dismissed on procedural grounds.
SEEKING NATIONALITY | PART 3
FRONTIERS RIGHTS
Laconic Counter arguments: Contradiction and Lack of
Justification
In one nationality lawsuit based on jus soli and Decision No. 2825, the
State’s counter brief was made of one single page. In addition, it was a
pre-prepared template and the names of the Applicants and attorney, and
the reference number were filled by hand. The State’s reply was devoid
of any legal analysis and justification for their opinion. Yet the State
requested the dismissal of the case on procedural grounds as it is found
that is does not meet the procedural requirements set by the process
of law. Further, The State declared its adoption of the opinion of the
administration which dismissed the legal arguments of the Application for
its illegality, abuse of process, and lack of evidence.
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