During this research, UNHCR asked interviewees
about how they learnt about the SDP and about
the practicalities of making an application such
as whether they were easily able to navigate the
application form and whether they had any issues
with submission of their application. Supporting
evidence for the application was also discussed and
the difficulties that they may have faced finding the
appropriate evidence to submit. Interviewees were
also asked whether they had legal representation
and for their views on the administrative review
process. Eleven out of 12 interviewees had made
applications for statelessness leave. Four had been
successful, six were awaiting a decision and one
was refused and is now pursuing an asylum claim.
GENERAL AWARENESS OF THE SDP
Interviewees learnt about the SDP in different
ways. A few were told about it through a lawyer or
a caseworker helping them with their asylum claim
or immigration status. Another was advised by the
Home Office to submit an application after being
in the UK for over 10 years and trying to regularise
their stay. Two found out through their own research
online. Three learnt about it through friends. For
example, one who was in immigration detention for
four years, was told through a friend in the centre
about an expert legal provider who helps stateless
persons. His friend gave him the provider’s contact
details.
‘I kept looking for information about asylum and
my situation…I found that information on the
internet, on the Home Office website.’ - Eduardo
THE APPLICATION FORM
Amongst the 11 interviewees who had made
applications for statelessness leave, six had
completed the application form directly themselves
(one later submitted a second application with
a solicitor). Most raised no concerns over the
application form and their ability to navigate the
process. One interviewee, who speaks fluent English,
stated: “It’s online and pretty much straightforward.”
Conversely another observed that the form does
not guide the user, which can make it harder for
someone without legal representation to know what
information to include or evidence to gather. The
remainder had legal representation when making
their application and so were not able to comment
on the application form.
One interviewee explained that after submission of the
form, he was required to travel from Peterborough to
Birmingham to submit fingerprints. He had to borrow
money from a friend to get there and explained that
he found it stressful that he was not provided with
assistance to fulfil this requirement.
LEGAL ADVICE AND LEGAL AID
Six interviewees had legal advice when submitting
their most recent application. Five were assisted
through free legal clinics or charities which
specialise in statelessness applications. The
remaining one paid for his legal advice. Some of
those who had free legal advice when submitting
their most recent application had previously paid for
advice and felt that, because few solicitors deal with
these types of cases, their previous solicitors were
not well equipped to advise them. One described
British citizenship law as a “maze”.
Some had previously been advised by solicitors who
did not fully understand nationality laws, the issue
of statelessness or how best to collect evidence. At
times, this further compounded the delays in their
case. One interviewee acknowledged that: “if we
had the right people or the right help it could have
been resolved quicker”.
Five interviewees did not have legal advice
when submitting their most recent application for
statelessness leave and they explained that this was
because they could not afford a solicitor. In one case,
the interviewee chose not to have a solicitor for their
second application for statelessness leave because
they felt let down by many solicitors in the past.
DIFFICULTIES OBTAINING EVIDENCE
All those interviewed explained that obtaining
evidence to support a statelessness leave application
is hard. One described it as “mission impossible”.
Almost all had to approach the embassy of the country
in which they were born or previously lived. A few also
approached other embassies of countries to which
their parents were connected but they/the applicant
had never lived in. For example, in one case, the
interviewee went to the respective embassies of his
parents’ countries of origin. However, he was unable
to prove where his parents were born because: a) they
were born in the 1920s/30s; and b) they had lost
some documentation after the Second World War.
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