8 | PROTECTING STATELESS PERSONS FROM ARBITRARY DETENTION IN UKRAINE
Ihor Karas, an ethnic Russian with a
remarkably Ukrainian sounding surname,
was born in Moscow in 1987. Both his
parents were Russian citizens. Ihor’s mother
died in Moscow when he was only 11 years
old. In 2002 his father – a construction
worker – took him to Ukraine where he had
a work engagement. When in 2004 Ihor’s
father travelled back to Russia Ihor
remained in Ukraine working with his
father’s construction team. Shortly after, he
received a phone call from Russia informing
him that his father had passed away. Having
settled down in Ukraine, Ihor met Nadiya a
Ukrainian national and his common-law wife.
He moved to live with her in the Zhytomyr
region and they had three sons who, at the
time of publication were six, five and three
years old. Because he has no passport, Ihor
is not officially registered as their father and
cannot claim parental rights. His youngest
son was born when Ihor was in immigration
detention. Despite receiving an official
notification from the SBGS that it was
impossible to deport Ihor, the MDC
administration did not prioritise releasing
him. The court, however, ordered his release
after nine months in detention. Since the law
does not provide for any opportunity for
regularisation of an undocumented migrant
unless they have served the full 12-month
period of immigration detention, Ihor
remains undocumented, unable to access
basic rights and at risk of repeated
administration dentition.
Ahmad Hassan was born in the Al-Bas refugee
camp in Lebanon to a family of Palestinian
refugees, and has been stateless since his birth.
With no prospects for a future in Lebanon
where he faced institutionalised discrimination
and the dire camp conditions, Ahmad Hassan
embarked on a journey to seek refuge in
Europe. Most of his siblings had at the time
received protection in Germany. When Ahmad
Hassan had almost reached his destination in
late 2003 he was apprehended by borderguards for attempting to illegally cross the
border from Ukraine into the EU. He spent
three months in the notorious Pavshyno MDC
while attempts to deport him were made.4
Ahmad Hassan was released from the MDC
after applying for asylum with the help of a
Non-Governmental Organistion (NGO). With
no job or other means of subsistence, he often
slept rough and lived a destitute life. In 2005
he was convicted for a mugging and sentenced
to four and a half years of imprisonment. In
2011 Ukraine adopted new legislation on
international protection, which, in addition to
refugee status also provided complementary
and temporary protection statuses. Ahmad
Hassan applied for protection under this new
law but this was rejected too. Following judicial
review proceedings Ahmad Hassan remains in
Ukraine, undocumented and unreturnable. He
and his common-law wife who is a citizen of
Ukraine want to get married and start a normal
life together, but lack the documents to do so.
Ahmad Hassan lives every day of his life under
threat of being detained and subject to
removal proceedings, and so he takes great
care to avoid interaction with authorities.