in a limited set of circumstances it may not be necessary to provide for
residence upon recognition. One view was that this would be the case for
stateless persons in a migration context who can immediately return to a State
of former habitual residence where they enjoy permanent residence as well as
the full range of civil, economic, social and cultural rights and have a
reasonable prospect of acquiring nationality of that State. Similarly, while a
form of protection (including some kind of immigration status), may be
necessary in the short term, grant of residence may not be necessary where an
individual can acquire or re-acquire nationality of another State within a
reasonable period of time through simple, accessible and purely formal
procedures, where the authorities do not have any discretion to refuse to take
the necessary action.
28. States should facilitate family reunification for recognized stateless persons
who receive a right of residence.
Stateless individuals who are recognized as refugees
29. If a stateless person is simultaneously a refugee, he or she should be protected
according to the higher standard which in most circumstances will be the
standard of treatment foreseen under international refugee law (supplemented
by international human rights law). Thus, where a stateless individual qualifies
for asylum as a refugee under national law and this is more favourable in
substance compared to the immigration status awarded to stateless persons,
States should accord such individuals refugee status or the rights which flow
from such status.
Determination Procedures in States that are not Party to the
1954 Convention
30. States that are not party to the 1954 Convention are nonetheless bound by
provisions of international human rights law to respect the rights of stateless
persons within their territory (for example, the prohibition against arbitrary
detention pursuant to Article 9(1) of the ICCPR and the obligation to ensure
that every child has a nationality pursuant to Article 24(3) of the ICCPR and
Article 7(1) of the CRC). Statelessness is, therefore, a juridically relevant fact
in this context. Moreover, non-party States may find it useful to establish
statelessness determination procedures and a number have actually done so. In
addition, such States may find helpful guidance in the provisions of the 1954
Convention with respect to their response to statelessness, for example, with
regard to the provision of identity and travel documents to stateless persons.
7