Burden of proof (2)
Country of return (1)
Determination/confirmation of nationality (2) x
Establishing identity (1)
Protection (2) x
Residence permit (2)
Standard of proof (2) x
Statelessness and asylum (2)
Statelessness determination (1)
Stateless status and documentation (2) x
Determination/confirmation of nationality x
Protection x
Standard of proof x
Stateless status and documentation x
Austria - Constitutional Court case of 20 December 2013
Court name: Constitutional Court of Austria (Verfassungsgerichtshof)
State: Austria
Key aspects: Burden of proof, Country of return, Deprivation of nationality, Determination/confirmation of nationality, Protection, Residence permit, Standard of proof, Stateless status and documentation, Statelessness and asylum, Statelessness determination
Applicant is a refugee from Vietnam, whose refugee status was withdrawn after a number of criminal convictions, combined with the fact that he made a safe trip to Vietnam. He applied for a travel document for foreigners claiming that he is stateless or at least that his nationality status is unclear. The authorities maintained that he was still a Vietnamese national, but the Court sided with the applicant, insisting that the authorities should have taken more factors into account in considering the applicant's potential statelessness.
Austria - Constitutional Court case of 15 September 2016
Key aspects: Burden of proof, Determination/confirmation of nationality, Establishing identity, Protection, Residence permit, Standard of proof, Stateless status and documentation, Statelessness and asylum
The applicant was born in Iraq and formerly possessed Iraqi identity documents. After establishing permanent legal residence in Austria he applied for a travel document for foreigners on the basis that he has an "unclear nationality" status. The application was rejected without granting the applicant the right to an oral hearing. The Constitutional Court upheld the applicant's right to have an opportunity to explain his allegedly unclear nationality status in an oral hearing.