... owing to well- founded fear of being persecuted for reasons of race, religion, national- ity, membership of a particular social group or political opinion, is out- side the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it. [Emphasis added] (UN General Assembly, 1951, Article 1A(2)). This recognition is important as for stateless refugees there are specific cessation provisions. These seek to ensure that stateless refugees who no longer require protection from persecution do not lose their refugee status unless specific criteria related to their statelessness are also met. The 1951 Convention Article 1 C:2-3,6 (ibid), states that the Convention will cease to apply to stateless refugees who: ... (2) Having lost his nationality, he has voluntarily reacquired it; or (3) He has acquired a new nationality, and enjoys the protection of the country of his new nationality; or ... (6) Being a person who has no nationality he is, because the circumstances in connection with which he has been recognized as a refugee have ceased to exist, able to return to the country of his former habitual residence; Provided that this paragraph shall not apply to a refugee falling under section A (1) of this article who is able to invoke compelling reasons arising out of previous persecution for refusing to return to the country of his former habitual residence. Therefore, to ensure that stateless refugees do not lose their status, in contravention of these cessations provisions,2 the identification of statelessness amongst refugees is key. With regard to the guidance from UNCHR on this issue they state that, ‘cessation practices should be developed in a manner consistent with the goal of durable solutions. Cessation should therefore not result in persons residing in a host State with an uncertain status’ (UNHCR, 2003, p. 3). It should also be noted that following the object and the purpose of the 1954 Convention, UNHCR recommends that states grant residency based solely on a person’s statelessness. However, neither Denmark nor Sweden currently do so. 2 For more detail on these standards see UNHCR, 2003, ‘Guidelines on International Protection: Cessation of Refugee Status under Article 1C(5) and (6) of the 1951 Convention relating to the Status of Refugees (the “Ceased Circumstances” Clauses)’.

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