VIEWS ON THE STATELESSNESS DETERMINATION PROCEDURE Statelessness Leave Applicant photographed in the UK. © UNHCR/Greg Constantine. The procedure and policy for statelessness leave applications is set out in Part 14 of the Immigration Rules.26 Applicants use an online form to make an application, for which there is no fee. An applicant for leave to remain in the UK as a stateless person must provide sufficient evidence to demonstrate that, more likely than not, they are stateless. The Home Office guidance sets out that applicants should obtain and submit all reasonably available evidence. This includes evidence that they have sought and failed to obtain or re-establish their nationality with the appropriate authorities of the relevant country.27 Applicants are not routinely interviewed regarding their applications for statelessness leave, in contrast to the asylum application process. In addition, legal aid is not generally available in England and Wales for advising, representing or assisting someone who wishes 26 27 28 29 12 30 to make an application for statelessness leave or for an administrative review of a refusal.28 Legal aid exceptional case funding is potentially available for statelessness leave applications, but there are significant barriers to accessing it for most stateless persons.29 If an application for statelessness leave is refused, there is no statutory right of appeal against the decision. Unsuccessful applicants can apply for an administrative review by the Home Office, or a review of any casework errors only.30 It is possible that an applicant can be refused leave to remain, despite being determined to be stateless. This happens if the applicant is still deemed “admissible” to their country of former habitual residence or any other country. Current Home Office policy indicates that admissibility equates to the applicant having a right of “permanent residence” in the relevant country but is silent on what that means in practice. Paragraphs 401 to 416. Home Office, Stateless leave Version 3.0, 30 October 2019, available from: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/843704/stateless-leave-guidance-v3.0ext.pdf See Legal Aid Sentencing and Punishment of Offenders Act 2012, Sec. 10(1), available from: https://www.legislation.gov.uk/ukpga/2012/10/section/10/enacted. In Scotland and Northern Ireland statelessness applications remain in the scope of legal aid. UNHCR understands that relatively few solicitors are prepared to apply to the Legal Aid Authority for exceptional case funding because some of their work on such applications may not be funded, making it financially infeasible for them to work on these cases. Many legal aid practitioners struggle financially, as there are various aspects of legal aid work which are not covered by legal aid funding. Of the organisations known to specialise in statelessness cases, two are law clinics with university and/or other funding and the other two are charities that have special funding outside legal aid funding which allows them to continue their work on these cases. Legal aid may be available to investigate or to bring an application for judicial review of a decision to refuse a statelessness application, providing the merits and means tests for legal aid are met. Administrative review will consider whether an ‘eligible decision’ is wrong because of a case working error and, if it is, correct that error.