HOTI v. CROATIA JUDGMENT
5
1994, which was first extended until September 1995 and then January
1996. He was also granted a driving licence on 14 April 1994 valid until
19 November 2027.
28. In February 1995 the intelligence agency informed the Novska
police that there was no bar to the applicant’s acquiring Croatian
citizenship.
29. A report on the applicant’s personal circumstances prepared by the
Novska police on 8 March 1995 indicated that he had lived in Croatia since
1979. The report contains a statement that the applicant had an Albanian
passport issued in Kosovo (then part of Serbia) and that he had allegedly
disappeared from his place of residence during the war in Croatia. It also
suggests that the applicant socialised with individuals of similar
characteristics who were involved in trading of grey-market goods and
repairing cars. Moreover, the report alleged that the applicant had never
tried to regularise his status in Croatia. The report also indicated that the
applicant’s parents had died and that he had two sisters, who lived in
Germany and Belgium.
30. On 28 March 1995 the Novska police informed the Ministry that the
applicant had had a registered residence in Croatia since September 1993
(see paragraph 27 above).
31. On 3 August 1995 the Ministry dismissed the applicant’s application
for Croatian citizenship on the grounds that he did not have a registered
residence in Croatia for an uninterrupted period of five years as required by
section 8(1)(3) of the Croatian Citizenship Act (see paragraph 60 below).
32. The applicant challenged the above decision before the
Administrative Court (Upravni sud Republike Hrvatske). He argued that he
had had a registered residence in Novska since 1979 and that his personal
circumstances had been well known to the Novska police. He also stressed
that he was in employment and that he possessed an identity card and a
driving licence issued by the Novska police.
33. On 29 May 1996 the Administrative Court dismissed the applicant’s
administrative action on the grounds that there was no evidence that he had
had a registered residence in Croatia since 1979. In fact, according to the
Novska police’s report of 28 March 1995 (see paragraph 29 above), he had
had a registered residence in Novska, as a foreigner with extended residence
status, since 24 September 1993. In these circumstances, the Administrative
Court considered that no available evidence suggested that the applicant had
had an uninterrupted registered residence in Novska for a period of more
than five years as required by section 8(1)(3) of the Croatian Citizenship
Act.