... 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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