AL-NASHIF v. BULGARIA JUDGMENT
3
apparently also a stateless person, until June 2000. Thereafter, Mrs Saleh
and the second and third applicants left Bulgaria and settled in Jordan.
A. The first applicant's background, family and residence status in
Bulgaria
10. The first applicant describes his personal circumstances as follows.
His father, who died in 1986 in Kuwait, was a stateless person of Palestinian
origin. His mother is a Syrian citizen. Despite the fact that he was born in
Kuwait and that his mother is a Syrian citizen, the first applicant cannot
acquire Kuwaiti or Syrian nationality because in both countries only
offspring of male nationals of those States may obtain citizenship.
11. The first applicant lived in Kuwait until the age of 25. He attended
high school there and obtained a degree in electronics. In 1992 he married
Mrs Hetam Saleh. The parties have not stated the nationality of Mrs Saleh,
whose parents live in Jordan. It appears undisputed, however, that the
second and third applicants, her children, became Bulgarian nationals
pursuant to a provision which confers Bulgarian citizenship on children
born in Bulgaria to stateless parents.
12. Mr Al-Nashif has two sisters who live in Syria. His mother also lives
in Syria, in the city of Hama. He also has a brother who lived in Kuwait at
least until 1994 and has resided in Bulgaria, where he married a Bulgarian
national, since 1998.
13. The first applicant submits that after the Gulf War many Palestinians
were expelled from Kuwait as Palestinian leaders had supported the Iraqi
invasion in 1990. He left Kuwait with his wife, Mrs Saleh, on 16 August
1992 and travelled to Syria and then, on 20 September 1992, to Bulgaria.
The first applicant submits that he was in search of a country in which to
settle. He could not stay in Syria as he was unable to provide for his family
there. The choice of Bulgaria was made because of the existing job
opportunities, the relatively easy procedure for obtaining legal status, and
the fact that the family had friends of Palestinian origin living there.
14. Mr Al-Nashif and Mrs Saleh arrived in Bulgaria on 20 September
1992. The first applicant was in possession of a Syrian stateless person's
identity document, valid until 1993, which he later renewed at the Syrian
Embassy in Sofia. In an application form for a residence permit he indicated
Hama, Syria, as his place of residence.
15. On an unspecified date shortly after his arrival the first applicant
obtained a temporary residence permit. Mr Al-Nashif, together with other
persons, ran a beverages production business. He and his wife initially
resided in Sofia, where the second and the third applicants were born in
1993 and 1994.
In February 1995 the first applicant obtained a permanent residence
permit.