Legal summary

October 2023

Suji v. Greece (communicated) - 13250/23

Article 14

Discrimination

Refusal to take account of special difficulty for stateless persons to provide required documents for family reunification: communicated

Article 8

Family reunification hindered by documentation requirements stateless refugee unable to fulfil: communicated

The applicant is a stateless person. Having obtained refugee status in Greece, he applied for family reunification in 2019. His wife and two dependent children are also stateless persons, living in Bangladesh.

In 2021 the Asylum Service asked him to provide a family status certificate and his family members’ travel documents, in accordance with the applicable legislation. According to the applicant, however, their statelessness made it objectively impossible to obtain such documents.

The applicant complains of the refusal to consider alternative means by which he could have given proof of his family relationships. He also views this as an instance of discrimination against stateless persons, arguing that, in similar circumstances, those in possession of a given nationality are in a position to provide the required documents.

Furthermore, the applicant alleges that since his request has not been examined, he does not possess a rejection decision, which he claims has prevented him from lodging an appeal.

Communicated under Article 8, taken separately or in conjunction with Article 14 of the Convention, and under Article 13.

(See also Dotani v. Greece , 31077/23, communicated case – concerning an Afghan refugee’s alleged difficulties with document certification on account of the respondent State’s non-recognition of the Taliban government).

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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