A resident of Astana has secured a court-ordered review of a refusal to change his nationality in official documents. The court ruled that when considering such an application, not only data about the applicant's parents but also other circumstances of origin must be taken into account.
WHY THE APPLICANT WAS REFUSED
The man filed a lawsuit after the authorised body refused to change his nationality from Italian to German, reports Ulysmedia.kz.
The applicant's official documents state that he is Italian. The man asked to change his nationality to German, citing his origin: his father is Italian, his mother is Russian, and his paternal grandmother was German.
The authorised body refused to change the data, explaining that nationality is determined by one's parents. The department also stated that the father's nationality must first be changed, after which a new application could be submitted.
THE APPLICANT'S POSITION
The man disagreed with this approach and took the matter to court. In his claim, he stated that he intends to participate in a resettlement programme to Germany, speaks the language, and has relatives there.
In his opinion, when determining nationality, not only data about parents but also a wider range of family ties should be taken into account.
THE COURT'S DECISION
The court examined the submitted materials and confirmed that the plaintiff's grandmother was indeed German.
It also took into account the position of the Constitutional Court, according to which changing nationality is permitted not only based on data about one's parents, but also with consideration of other circumstances.
As a result, the court ordered the state body to reconsider the application, taking all circumstances into account. At the time of publication, the court's decision has not yet come into legal force.