Finding a solution to their situation has proved difficult for all of the interviewees. Most were not immediately aware that there is an SDP and they found out through caseworkers or through their own research online. It seems clear that those who already spoke English or were able to educate themselves on statelessness were best able to advocate for themselves, find a solicitor and show an understanding of their situation. However, the others who could not speak English and were more vulnerable were wholly reliant on their legal advisors, and, had it not been for them meeting the right people at the right time, would have slipped through the cracks. The interviewees were all very grateful when they received valuable legal advice. However, it wasn’t always easy to find. UNHCR encourages States to incorporate access to legal counsel in their determination procedures including offering free legal assistance to applicants without financial means.40 However, in England and Wales there is generally no legal aid for statelessness leave applications and it was clear that this was a barrier to many of the interviewees finding legal advice. Although exceptional case funding may be available, research has highlighted that solicitors are reluctant to take on such cases because they are complex and remuneration is limited given the significant amount of work involved.41 Therefore, many of the interviewees felt that they didn’t know where to turn, particularly when they had no funds. A few either submitted applications without a legal representative or relied on free expert legal clinics or providers which regularly deal with stateless cases. Three out of four interviewees with statelessness leave had been represented by an expert legal provider or clinic and they all said that a significant amount of preparation went into the application. However, such clinics or providers have limited funding and are not always able to take on cases. It was also evident that, for those who were more vulnerable due to lack of funds or English language ability, obtaining the required evidence was more difficult. One participant living in Plymouth was grateful 40 41 42 43 to the British Red Cross for providing funds to travel to London to visit their embassy. This also highlights the importance of projects or initiatives which assist applicants in obtaining the evidence required.42 In line with this, UNHCR’s audit recommends the Home Office considers supporting applicants in approaching and gathering evidence from embassies/consulates. This support could be provided for by the funding of an independent organisation. With so many applicants living in limbo for many years, we spoke to them about how they spend their days. One explained that he enjoys learning and goes to the library often. He has obtained several certificates from free online courses or courses that his friends have helped him pay for. Others volunteer which keeps them busy and provides a sense of purpose. Prior to the COVID-19 pandemic, five of them were required to regularly report to the UK Government. While none objected to this requirement, all five stated that they were often asked when reporting why they don’t go back home. One stated: “the reporting centre made us fill out applications and tried to force us to sign declarations and separated us for interviews. The guy thought we were people who didn’t understand our case and didn’t have a head on our shoulders.” Another was taken to detention twice after going to report. All interviewees explained the harm that the length of the process had on their mental health. It was evident that the length of the process and the years of waiting had taken a serious and devastating toll on each of them. Three interviewees who had statelessness leave reported that it took over 18 months to receive a decision. Similarly, a study by Liverpool Law Clinic highlighted that their single adult male clients typically waited over two years for a decision on their application. This waiting and the associated lack of socio-economic rights exacerbated their existing feelings of hopelessness.43 Adverse impacts on interviewees’ mental health were often compounded by family separation. A few had been separated from their family for several See UNHCR, Handbook on Protection of Stateless Persons, Part Two: Procedures on the Determination of Statelessness, 30 June 2014, available from: https://www.unhcr.org/dach/wp-content/uploads/sites/27/2017/04/CH-UNHCR_Handbook-on-Protection-of-Stateless-Persons.pdf. See Bezzano, J. and Carter, J., Liverpool Law Clinic at the University of Liverpool, Statelessness in Practice: Implementation of the UK Statelessness Application Procedure, 3 July 2018, available from: https://www.liverpool.ac.uk/media/livacuk/law/4-liverpool-law-clinic/Statelessness,in,Practice.pdf and British Red Cross, Can’t Stay. Can’t Go, 2017, available from: https://www.refworld.org/docid/591965984.html For example, Refugee Action’s Embassy Liaison Project ran from December 2015 – March 2017 and provided expert casework to help destitute people to gather the evidence from embassies to support statelessness or disputed nationality fresh claims. Bezzano, J. and Carter, J., Liverpool Law Clinic at the University of Liverpool, Statelessness in Practice: Implementation of the UK Statelessness Application Procedure, 3 July 2018, available from: https://www.liverpool.ac.uk/media/livacuk/law/4-liverpool-law-clinic/Statelessness,in,Practice.pdf 22