Exploring Atypical Citizenship Deprivation and Spillover Effects
foregrounds the genuine link and predominant nationality tests as well as atypical
citizenship deprivation by foreign states.
1
Background of Liu and Others v Norway
In Norway, Taiwanese residents face a distinct challenge concerning their
nationality designation on residence permits. These permits label them as being
from ‘Kina’, meaning ‘China’ in Norwegian. Joseph Liu (a pseudonym), an
international law student, responded to this issue by founding the campaign, ‘My
Name, My Right’, in 2015 to address this nationality issue.69 Their primary goal
was to legally challenge the Norwegian Government’s practice of labelling
Taiwanese individuals as Chinese on residence permits. They argued that this
violated their human rights, particularly the right to self-identify.70 Liu highlighted
practical challenges stemming from this designation, including potential
complications during interactions with immigration officers and police within
Europe, where residence permits also serve as travel documents.71
In 2017, the Taiwanese participants of the campaign filed an appeal against the
Norwegian Directorate of Immigration (‘UDI’), 72 contending that such
designation violated fundamental human rights. Despite their persistence, the
appeal faced delays and was eventually dismissed by the Norwegian Immigration
Appeal Board (‘UNE’) in March 2018.73 The UNE upheld the original decision,
asserting that the Norwegian Government was obligated to adhere to the
One-China policy of the EU and that this imposition did not infringe upon the
rights or obligations of Taiwanese individuals.74 On 29 August 2019, a formal
lawsuit was filed in the Oslo District Court against the UDI, the UNE, and the
Oslo Police District. 75 The plaintiffs argued that marking their nationality as
Chinese on residence permits violated their privacy rights, citing various legal
provisions from the Constitution of the Kingdom of Norway (‘Constitution’), the
European Convention on Human Rights (‘ECHR’), and the International
Covenant on Civil and Political Rights (‘ICCPR’). 76 They referenced arts 92
69
70
71
72
73
74
75
76
Taiwan: My Name, My Right’ (‘TWMNMR’) (Web Page, 2025) <https://twmnmr.com/>,
archived at <perma.cc/7FFR-LFCT> (‘TWMNMR’).
ibid.
ibid.
Utlendingsdirektoratet (‘UDI’) [Norwegian Directorate of Immigration], Klageoversendelse
til
Utlendingsnemnda
(2
November
2017)
[tr
TWMNMR,
<https://twmnmr.com/2017.11.02_UDI%20appeal%20result%20_English.pdf>, archived at
<perma.cc/2ECF-FLKY>].
Utlendingsnemnda (‘UNE’) [Norwegian Immigration Appeals Board],) Søknad om fornyet
oppholdstillatelse - student (, 28 February 2018) [tr TWMNMR, Appeal Decision,
<https://twmnmr.com/2018.02.28_UNE-appeal-result_English.pdf>,
archived
at
<perma.cc/EKX4-EYUF>].
ibid.
Joseph Liu v Staten v/Utlendingsnemnda [Joseph Liu v the State by the Norwegian
Immigration Appeals Board] (Stevning til Oslo Tingrett, (29 August 2019) [tr TWMNMR,
Submissions
to
the
Oslo
District
Court,
<https://twmnmr.com/2019.08.29_Summons%20to%20the%20Oslo%20District%20Court_
English.pdf>, archived at <perma.cc/QQN7-P4NZ>] (‘Submissions to the Oslo District
Court’)
ibid, citing The Constitution of the Kingdom of Norway (17 May 1814) (‘Norwegian
Constitution’); Convention for the Protection of Human Rights and Fundamental Freedoms,
opened for signature 4 November 1950, 213 UNTS 221 (entered into force 3 September 1953)
(‘ECHR’); International Covenant on Civil and Political Rights, opened for signature 19
December 1966, 999 UNTS 171 (entered into force 23 March 1976) (‘ICCPR’).
115