asylum seekers and refugees may not be able to contact the country from which
they fled to prove their statelessness to the SMA or DIS.
In Sweden, unlike Denmark, refugees cannot appeal an incorrect decision on
their nationality or statelessness. Proving statelessness is made more
problematic as in Sweden there are restrictions on the use of documentation
from certain countries/authorities who are known to host large stateless
population. The inability to challenge incorrect assessments may lead to
difficulties in securing a permanent residence permit or naturalisation, as both
require a confirmation of the identity of the applicant. Further to this, residence
in Sweden based on an incorrect identity is not considered to count towards
meeting the residency requirement for naturalisation. Further to this only those
with permanent residence can benefit from the provisions which allow those
whose identity has not been established to naturalise. However, securing
permanent residence itself requires that the applicant’s identity has been
established.
The impacts of the temporary asylum laws in the two states, with regard to
barriers stateless refugees face in acquiring citizenship, vary. Given the high
criteria for acquisition of permanent residence in Denmark, and following this,
naturalisation, the temporary asylum laws will likely have little impact on
increasing instances of indefinite statelessness. The introduction of the
temporary asylum laws in Sweden will however have a more significant impact
with regard to the prolongation of statelessness amongst refugees in the
country. This is a result of the previously useful provision on facilitated
naturalisation for refugees being undermined with the introduction of criteria
for refugees who have received temporary residence status to meet in order to
acquire a permanent residence permit, which would then lead to citizenship.
The lack of SDP in the asylum procedures, or provisions in the Aliens Act that
match the contents of Article 1C of the 1951 Convention on cessation of
refugee status for stateless refugees is a significant concern in both Denmark
and Sweden. There does not seem to be a consideration of the stateless refugees’
ability to return to their country of previous habitual residence, and an
assessment of the rights they would receive upon return, contrary to UNHCR
guidance. In addition to this neither state grant a protection status based solely
on a person’s statelessness, in line with their obligations under the 1954
Convention. This would provide a safety net to avoid stateless former refugees
being left with an uncertain status, in arbitrary detention or being caught in the
‘deportation gap’.
With regard to the broader ramifications of the findings presented here, it is not
possible to make generalisations on the impact of temporary asylum laws in
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