Stateless refugees, whose refugee status ceases and who have not acquired a
nationality, they are still under the mandate of the 1954 Convention. As such,
the aforementioned ‘ability to return in Article 1(C) of the 1951 Convention
should also be read in light of states obligations under the 1954 Convention.
UNCHR has provided legal guidance on the standards states should follow in
returning stateless persons to their country of previous habitual residence:3
As for an individual’s ability to return to a country of previous habitual residence, this
must be accompanied by the opportunity to live a life of security and dignity in
conformity with the object and purpose of the 1954 Convention. Thus, this exception
only applies to those individuals who already enjoy the status of permanent residence in
another country, or would be granted it upon arrival, where this is accompanied by a full
range of civil, economic, social and cultural rights, and where there is a reasonable
prospect of obtaining nationality of that State. Permission to return to another country
on a short-term basis would not suffice. (UNHCR, 2014, p. 55)
Identifying the Statelessness of Refugees: Practical Considerations
UNHCR’s (2014) Handbook on the Protection of Stateless Persons, provides
guidance on how states could establish stateless determination procedures. With
regard to the identification of the statelessness of refugees, a few salient points
should be summarised. When determining statelessness the burden of proof
should be shared between the individual and the state. This is because of the
difficulty individual’s face in proving that they are not a citizen of any state. A
further consideration is that stateless refugees may not hold any documents,
and if they do, these will not necessarily state that they are stateless (some
stateless people are recorded as foreigners in their documentation). These
documents may also be seen as insufficiently credible to prove the individual’s
identity.
Some stateless people may actually be unaware that they are stateless, either
assuming they are citizens of the state within which they were born, or have
resided in for a substantial period of time. Others may have been rendered
stateless through loss of nationality due to residence abroad or through
denaturalisation; both can occur without the individual being notified by their
state. Therefore, it is important for states to actively identify stateless persons,
and when a person raises a refugee claim it is advised that they are also
informed that they should apply to be recognised as stateless if they believe they
are so, or their citizenship is uncertain (ibid).
Refugee status determination and statelessness determination can either be
separate procedures or combined. Though whichever system is opted for, the
3
This differs for if the individual is stateless as a result of voluntary renunciation of nationality
as a matter of convenience or choice.
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