SAHNI ARTICLE 3.3.21 (WORD) (DO NOT DELETE) Spring 2021 Loss of Nationality Rights 5/6/2021 7:21 PM 133 “Article 8 protects, inter alia, the right to establish and develop relationships with other human beings and the outside world and can sometimes embrace aspects of an individual’s social identity. Thus, the totality of social ties between a migrant and the community in which he or she lives constitutes part of the concept of private life under Article 8.”200 Deportation further disrupts a stateless candidate’s life. Its “disproportionate repercussions” conflict with the aims of Article 8.201 It should be emphasized that the applicants in Kaur and Hoti had entered their Host States lawfully. Kaur and Hoti were rendered stateless later due to political and legislative changes in those countries. These circumstances were beyond the control of the Applicants; they were not foreseeable. Furthermore, international law concedes that States have the autonomy to determine their nationality laws.202 The Host States were not obligated, therefore, to grant Kaur or Hoti permanent residences nor nationality. Similarly, a country where a stateless individual enters illegally is not compelled to retain the person. Its right to decide applies whether the individual enters wilfully (he has given prior consent to travel and enters on his own behalf) or involuntarily (he is accompanied, smuggled or trafficked by another party). For this reason, the answer is negative to the following issues. Must a country grant nationality to end an alien’s statelessness status? Alternatively, must a country not deport the stateless person and permit him to reside lawfully? In Al-Kateb v. Goldwin, the answer remains no, although the issue was less straightforward as the stateless appellant was of Palestinian origin and had previously resided in Kuwait legally.203 The applicant, Ahmed Ali AlKateb, had paid human traffickers U.S. $4,000 in Jordan to smuggle him into Australia.204 He procured a fake Iraqi passport to travel from Jordan to Indonesia from where he sailed to Australia in 2000.205 The seven-meter fishing boat broke down at sea and was rescued by the Australian navy.206 For unexplained reasons, the Appellant did not produce the passport to any State authorities. He claimed that he did not have a passport or visa to enter the 200. 201. 202. Id. Id. Alfred Verdross, The Plea of Domestic Jurisdiction before an International Tribunal and a Political Organ of the United Nations, 28 HEIDELBERG J. OF INT’L LAW 39-40 (1968); See also Maximilian Koessler, “SUBJECT,” “CITIZEN,” “NATIONAL,” AND “PERMANENT ALLEGIANCE,” 56 YALE L.J. 58, 71-72 (1946) (discussing complications resulting from nationality determined by domestic rather than international law). 203. Al-Kateb v. Godwin (2004) 219 CLR (Austl.) the High Court of Australia heard the case at the same time as Minister for Immigration and Multicultural and Indigenous Affairs v. Al Khafaji (2004) 208 ALR 201 (Austl.) and Behrooz v. Secretary of the Department of Immigration and Multicultural and Indigenous Affairs [2004] HCA 36 (Austl.) 204. See Escape from a life in limbo, THE SYDNEY MORNING HERALD (Oct. 27, 2007), https://www.smh.com.au/national/escape-from-a-life-in-limbo-20071027-gdrg3g.html. 205. Id. 206. Id.