For the purposes of this analysis those who have been granted ‘convention’
status as refugees, as well as those who have been granted temporary protection
status (though the nature of this status differs between the states), following
Denmark and Sweden’s response to the refugee ‘crisis’ of 2015-2016, are to be
included.6 However, those who have been granted protection on humanitarian
grounds are not included as the focus of this article is the relationship between
those who are both refugees and stateless under international law. This
distinction has been made for analytical reasons, but should not be read that
stateless people who have been granted protection on humanitarian grounds do
not face similar problems in having their statelessness accurately assessed,
recorded or in finding solutions to their statelessness.
Denmark and Sweden do partially assess nationality, or lack thereof, during the
assessment of asylum claims. As will be discussed below, this assessment is not
comprehensive, transparent or based on clear law or policy in either state.
Despite this, a large number of asylum seekers in both countries have been
identified as being stateless, or a variation thereof. In 2015 and the first half of
2016, Denmark received 1,837 asylum applications from stateless people, or
people whose nationality was ‘not stated’ Uoplyst, amounting to 9.4% of the
total asylum applications (Statistics Denmark, 2017). In 2015 alone Sweden
received 9,266 asylum seekers who were recorded as either stateless, stateless
Palestinians, or of ‘unknown citizenship’ Okänt medborgarskap or ‘citizenship
under investigation’ Under utredning - 5.7% of the total asylum applications
(Statistics Sweden, 2017).
The Identification and Resolution of Statelessness
Amongst Refugees in Denmark
The Identification of the Statelessness of Refugees in the Asylum Procedure
The Danish Immigration Service (DIS) is the responsible authority for
processing applications for asylum claims. There is no legislation detailing how
statelessness should be determined by the DIS, or procedural guidelines or
safeguards to do so. During the procedure, statelessness or citizenship is
however assessed to a certain extent. While a refugee can be catergorised as
being stateless or having nationality ‘not stated’ Uoplyst, this is not to be
considered a ‘status’ affording the individual any protection or the right of
residence.
which he or she has previously had his or her usual place of residence and - is unable or,
because of fear, unwilling to return there.”
6
It should be noted that temporary protection has been issued to other refugees during other
‘crises’ in the past.
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