other states. This is due to the unique law and policy frameworks within which
state’s asylum systems operate. However, by and large, the majority of states do
not identify the statelessness of refugees, or do not do so in conformity with
international standards and procedural safeguards that are required in
statelessness determination. This is problematic as it may not be the case that
stateless refugees can find solutions to their statelessness under the national
legal frameworks on asylum and nationality. For example, where states require
that refugees prove their identity or nationality to acquire citizenship, similar
issues as found in Denmark and Sweden will likely arise. Where refugees are
required to prove they have renounced their former nationality in order to
acquire the nationality of the state of asylum, this would be an insurmountable
barrier for a stateless applicant. Therefore, the normative claim that for
stateless refugees solutions should be found under refugee law, is based on the
questionable assumption that the statelessness of a refugee is either
inconsequential, or will not impede to pathway to citizenship. What that
Danish and Swedish examples show, is that this is not the case in these two
cases, and arguably in many other states receiving stateless refugees.
A combination of the lack of identification of statelessness of refugee, and the
possibility of them being unable to resolve their statelessness through the
acquisition of nationality, is especially troubling when we consider this is
relation to state compliance with Article 1C of the 1951 Convention. Indeed, if
states are to ensure that stateless refugees do not lose their refugee status in
contravention of the 1951 Convention, their statelessness must initially be
identified and their statelessness factored into considerations of cessation of
refugee status. Given that one in ten refugees are believed to be stateless, and
the lack of law, policy or knowledge about statelessness globally, there is an
urgent need to assess national asylum systems of states in order to identify gaps
in law, policy or practice that would see stateless refugees remain indefinitely
stateless.
References
Bendixen, M. C., 2011. Asylum Camp Limbo: A Report About Obstacles to
Deportation, Refugees Welcome, [Online], Availabale at:
http://refugeeswelcome.dk/media/1085/asylumcamplimbo_web2.pdf
[Accessed November 12 2016].
Bernitz, H., 2013. Naturalisation Procedures for Immigrants: Sweden. [Online]
Available at:
http://cadmus.eui.eu/bitstream/handle/1814/29799/NPR_2013_36Sweden.pdf;sequence=1 [Accessed November 23 2016].
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