Litigation Toolkit on Statelessness: Volume II
October 2022
European Court of Human Rights
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Ramadan v. Malta, Application No. 76136/12 (21 June 2016)
An Egyptian national, who resided in Malta and acquired Maltese nationality, was
granted authorisation to renounce his Egyptian nationality as he could not hold dual
nationality while in Malta. He was deprived of his Maltese nationality years later,
following a decision that found that he had obtained his Maltese nationality from his
first marriage through fraud. The Court found that there was no violation of Article 8
and held that the decision to deprive the applicant of his Maltese nationality did not
adversely affect him.
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K2 v. the United Kingdom, Application No. 42387/13 (7 February 2017)
The applicant challenged a decision depriving him of his British citizenship and
excluding him from the United Kingdom because of his alleged involvement and link to
terrorist-related activities. After failing in his appeals to the High Court, Court of Appeal
and the Special Immigration Appeal Tribunal, the applicant complained to the European
Court of Human Rights (‘the Court’) under Articles 8 and 14. The Court rejected all of the
applicant’s complaints, finding them to be manifestly ill-founded, and declared the
application inadmissible.
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Usmanov v. Russia, Application No. 43936/18 (22 March 2021)
After discovering that the applicant had omitted information when applying for Russian
nationality, his nationality was annulled and an entry ban was enforced. The Court
applied a two-pronged approach to assess whether the deprivation of the applicant’s
nationality was an interference with his right to private and family life, which assessed
(i) the consequences for the applicant, and (ii) whether the measure was arbitrary. In
light of the far-reaching consequences of this decision and its apparent arbitrary
nature, the Court held that the annulment interfered with the applicant's rights
guaranteed under Article 8 ECHR. Further, the Court found that the expulsion of the
applicant from Russian territory failed to respect the principle of proportionality, given
the lack of evidence of any threat to Russian national security posed by the applicant,
thereby violating Article 8.
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Johansen v. Denmark, Application No. 27801/19 (1 February 2022)
The case concerns Danish authorities’ decisions to deprive a dual national of his Danish
citizenship and to deport him, following conviction for receiving training with ISIS. This
was found to be compliant with Article 8 ECHR. The Court reasoned that deprivation of
nationality was not arbitrary, that there had been sufficient opportunities to appeal,
and that the crime in question, terrorism, was a serious one that endangered human
rights. The punishment of deprivation of nationality was found to be proportionate. The
Court also found that deprivation of nationality in this instance did not result in
impermissible consequences as it did not render the applicant stateless.
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