RECOMMENDATIONS
UNHCR seeks to ensure that the human rights of stateless persons in the UK are protected
and that they can live their lives in dignity and security. Statelessness leave is not simply
an immigration status, but a way to ensure that a stateless person’s basic human rights are
protected. In light of the experiences and perspectives shared by the interviewees in this
study, UNHCR makes the below recommendations to the UK Government. Many of these
recommendations have been highlighted in UNHCR’s audit, and UNHCR urges the Home Office
to consider these recommendations together with the audit.
UNHCR recommends that:
•
The Home Office should approach statelessness as a protection issue and statelessness
leave as a protection route in the UK.
•
Legal aid should be introduced in England and Wales for applications for statelessness
leave. This would ensure that applicants not only have access to the SDP but should also
reduce the number of applications made without appropriate supporting evidence and
help ensure fewer unmeritorious applications.
•
A stateless determination interview should be mandatory in all cases except where the
Home Office grants leave to remain without the need for an interview. This would ensure
that all statelessness leave applicants are given an opportunity for their voice to be heard
and to address any issues that may result in adverse credibility findings.
•
The Home Office should consider implementing policies that would ensure that most
decisions are made within six months, and up to 12 months in exceptional circumstances.
•
The Home Office should ensure that all statelessness leave applicants can access
adequate support and accommodation whilst awaiting a decision on their application.
•
The Home Office should consider providing applicants in the SDP with permission to work
in the UK after their application has been outstanding for a period of 12 months or longer.
•
The Home Office should take measures to safeguard applicants for statelessness
leave where there are indicators of mental health concerns. This should include arranging
free, confidential counselling where appropriate.
Image: Statelessness Leave Applicant photographed in London. © UNHCR/Katie Barlow.
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