2019
Statelessness & Citizenship Review
1(2)
or re-establish their nationality with the appropriate authorities of the relevant
country’. 58 This language is unclear and not used in international instruments
regarding statelessness.
Those seeking protection in the UK as stateless persons do not have a right of
appeal against refusal of a residence permit. They have extremely limited access
to free legal aid. If the SSHD erroneously finds that they could, on the balance of
probabilities, acquire a nationality, they are likely to face conditions amounting to
inhuman and degrading treatment with no resources to obtain evidence to meet the
high standard of proof. 59
58
59
Immigration Rules (n 2) [403](e), as amended by 2019 Statement of Changes (n 58) s 14.3.
See (n 46). On 1 November 2019 the SSHD released a third version of the guidance to
decision-makers in the residence permit application procedure, which cites, at 14, the decision
in AS (Guinea) as confirmation of the correct standard of proof. See Stateless Leave: Version
3.0 (Guidance, UK Secretary of State for the Home Department 30 October 2019)
<https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_d
ata/file/843704/stateless-leave-guidance-v3.0ext.pdf >.
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