Jason Tucker
The Indefinite Statelessness of Refugees in Denmark and
Sweden: Comparing the Impacts of the Temporary
Asylum Laws
Abstract
The paper is part of a wider research project which seeks to explore the nexus between
statelessness and refugee-ness at global, national and individual level. The relationship between
the two legal concepts has not received much attention. This is surprising given that one in ten
refugees globally are believed to be stateless. To begin to unpack this relationship, Denmark
and Sweden are used as case studies. This article sets out an initial law and policy analysis of
the national level frameworks related to identifying statelessness in the Danish and Swedish
asylum system, or addressing it following the acceptance of a refugee. This will be discussed in
relation to how these contribute to, or address, the situation of indefinite statelessness for
stateless refugees. Further to this, the paper seeks to draw out the impacts of the temporary
asylum laws in both states with regard to the barriers stateless refugees face in acquiring
citizenship. Issues such as cessation of refugee status, the undeportability of some former
refugees who are stateless and instances of arbitrary detention are discussed in relation to
Denmark and Sweden’s international obligations under the 1951 Convention Relating to the
Status of Refugees and the 1954 Convention Relating to the Status of Stateless Persons.
Key Words
Stateless refugees, Denmark, Sweden, statelessness determination procedure,
temporary asylum laws.
Bio Notes
Jason Tucker is a post-doctoral researcher at the migration research institute
MIM in Malmö. He defended his doctoral thesis ‘Challenging the Tyranny of
Citizenship: Statelessness in Lebanon’ at the University of Bath in 2014. His
current area of research is the nexus between statelessness and refugee-ness.
Contact
jason.tucker@mah.se
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