4
HOTI v. CROATIA JUDGMENT
(Ministarstvo unutarnjih poslova Republike Hrvatske – hereinafter “the
Ministry”) with a suggestion that it be granted.
20. On 2 November 1992 the Ministry instructed the Novska police that
they had failed to provide a report concerning the applicant’s personal
circumstances and information on his residence in Croatia.
21. In connection with the above application, on 16 December 1992 the
applicant was interviewed by the Novska Police. In his interview, the
applicant explained that he had Albanian nationality as he had been a
refugee from that country. He further explained that he had come to Novska
in 1979 where he had first worked as a waiter until 1984. Between 1986 and
1989 he had worked as a car mechanic for a private entrepreneur, M.R., and
since 1989 for Z.A. During the war he had worked as a car mechanic for the
police and the army. He was not married and did not have children. He had
a sister living in Germany and one living in Belgium. He also had a brother
living in Kosovo and another brother living at an unknown place in Albania.
His parents lived in Kosovo.
22. On 18 December 1992 the Novska police informed the Ministry of
the obtained information explaining that the applicant had lived in Novska
as a foreigner since 1980 and that he had Albanian citizenship.
23. In May 1993 the national intelligence agency informed the Novska
police that there was nothing preventing the applicant from being allowed to
acquire Croatian citizenship.
24. According to the available information, the file concerning the
applicant’s application also contained a birth certificate issued by the SFRY
authorities in Kosovo on 23 December 1987 according to which the
applicant did not have any nationality.
25. On 14 June 1993 the Ministry issued an assurance that the applicant
would obtain Croatian citizenship if he obtained a release or provided
evidence that he had renounced his Albanian citizenship within a period of
two years. In its reasoning to this assurance, the Ministry explained that the
applicant had met all the necessary conditions to be granted the assurance
and thus Croatian citizenship. It also referred to section 8a of the Croatian
Citizenship Act (see paragraph 60 below).
26. Upon the expiry of the above-noted period of two years, on
16 February 1995 the applicant lodged a new application for Croatian
citizenship with the Novska Police. He explained that he was a national of
Albania and that he had been living in Croatia since 1979. He was asking
for Croatian citizenship in order to obtain legal certainty of his position. He
stressed that he was ready to renounce his current citizenship and that he
had nowhere to go back to in Kosovo. He also explained that he was
employed as a car mechanic.
27. Meanwhile, the applicant had obtained a permit for extended
residence of a foreigner (he was considered to be an Albanian citizen) from
the Novska police for the period between September 1993 and September