Questão jurídica principal
Whether the applicant had to be recognized as stateless under the 1954 Statelessness Convention.
Decisão extraída
No. A person who is entitled under the applicable nationality law to obtain the nationality in question, but does not show that he took the reasonable steps to do so, is not to be treated as stateless in this case.
Fundamentação extraída
The Convention protects de jure stateless persons, not those who can still acquire a nationality. The applicant had stated he was born to an Iraqi father, and Iraqi law granted nationality to children of Iraqi fathers. He failed to substantiate serious efforts to obtain Iraqi identity and nationality documents.