Denis Kameri, stateless person – summary
Denis Kameri (CRP 23410) was born on June 14, 1994, in Zagreb, Croatia. Registered in the registry of births at Registry office Maksimir, Zagreb, but not into registry of citizens, stateless.
He lives in Rijeka, Plase 34A, without a regulated residence permit and without a travel document. The parents are originally from Serbia. The client is not registered in the books of citizens of Serbia, where his parents come from, nor can he obtain a travel document. The client and his family moved to Rijeka sometime in 2009. He lives in a family with his mother Bukurije Bećiri, who, through naturalization, received Croatian citizenship in 2024, and with his brother Enis Bećiri, who has temporary residence, as well as his brother Xisen Kameri, who, like the client, does not have a regulated residence in the Republic of Croatia, while three brothers and sisters are placed in the institutions of the Republic of Croatia, also with different status/residence in the Republic of Croatia.
The client had a regulated temporary residence for a very short time in 2017/2018 and it ceased to be valid for him at the end of 2018, when he asked for an extension, but he was refused and ordered to leave the Republic of Croatia, but the same was postponed. The latest request for temporary residence for humanitarian reasons was submitted by the client in 11/2022 and was rejected by the decision of the Ministry of the Interior (MoI), Police Department Primorsko Goranska dated 11 January 2023 and by the same decision he was ordered to leave the Republic of Croatia (RoC). As the client was born and has lived in the Republic of Croatia since birth, he has never left the Republic of Croatia, his family is there and there is no one in the Republic of Serbia and Kosovo, leaving the Republic of Croatia cannot realistically be realized.
The client has had some problems with the law, even when he was minor, for what he was placed in correctional institutions in Croatia. However, it is difficult to expect good behavior from a person that has no status in the country, which means that he has no rights whatsoever.
Namely, the arguments and reasons referred to by the Ministry of the Interior of the Republic of Croatia in the explanation of the decision on the rejection of the request for a temporary residence permit and on the expulsion are incomplete because they do not take into account the important facts and specific circumstances of the client’s life, such as those related to his foreigner status and residence in the Republic of Croatia as well as the reasons that led to the determination of the illegality of residence in the Republic of Croatia.
Therefore, the client was born and raised in the Republic of Croatia, and has no other homeland, is not a citizen of the Republic of Serbia or any other country. The client’s parents were born on the territory of Serbia during Yugoslavia, but the client is not registered in the register of births or in the register of citizens in Serbia, so the client is actually a stateless person.
For the same reasons, the client cannot voluntarily leave the territory of the EEA because, due to the lack of proof of citizenship and the inability to regulate the status in the Republic of Croatia, he cannot obtain a valid travel document or any other document that can be used to legally cross the territory of a foreign country.
A decision determining expulsion cannot be legal if it cannot be implemented in any legal way because there is no country of origin of the person being expelled.
In relation to the client’s case, a request for postponement of leave was submitted by CRP Sisak on February 27, 2023, and the administrative lawsuit on March 7, 2023.
Namely, considering that CRP Sisak has been working on the client’s administrative proceedings for years and several administrative disputes have been conducted, it is important to point out that the Administrative Court in Zagreb in the administrative dispute Usl-268/21-8 adopted the client’s claim and annulled the decision of the MoI, Police dept. Primorsko-Goranska, I. police station Rijeka, Number: 511-09-23-UP/I-91/2021 from January 13, 2021. In the verdict, the court said that the challenged decision is illegal because it directly depends on the question of whether the plaintiff has some foreign citizenship. The court considers the client a stateless person. Therefore, based on Art. 58 paragraph 1 of the Law on Administrative Disputes, annuls the decision of the MoI and rules that the police authorities will not be able to pass new decisions on the expulsion of the plaintiff from the Republic of Croatia until it is undoubtedly established that the plaintiff possesses the citizenship or at least a travel document of a foreign country.
As can be seen from the foregoing, the MoI does not respect the decisions of the Administrative Court. CRP continues to monitor the case of the client and family members.
On April 28, 2023, the Administrative Court in Rijeka rejected the lawsuit against the Ministry of Interior for temporary residence in the Republic of Croatia. The CRP filed an appeal against this decision with the High Administrative Court on June 2, 2023.
On July 17, 2024, the High Administrative Court of the Republic of Croatia rejected the appeal and confirmed the judgment of the Administrative Court in Rijeka.
On December 9, 2024, the CRP Sisak filed a constitutional complaint.
In conclusion, the client has been living in the Republic of Croatia for over 30 years, where he was born, but does not have a regulated status in the Republic of Croatia. This is not acceptable according to all positive regulations, both in the Republic of Croatia and in the EU.
The Convention on the Legal Status of Stateless Persons, among other things, in Art. 32 on naturalization states that the contracting states, which is the Republic of Croatia, will facilitate as much as possible the assimilation and naturalization of stateless persons and that they will make great efforts to speed up the procedure for granting citizenship and to minimize the fees and costs of this procedure.
The CRP is continuing to monitor the case, as well as other family members, and expects action to be taken in accordance with the Convention.
Sisak, 3 March 2025
Milana Kreca,
President, CRP Sisak
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