Rules, particularly Para 322, are much broader than Articles 1(2) and 31. For example, 322(1B) requires refusal of leave to any person who is the ‘subject of a deportation order or a decision to make a deportation order’, and under 322(5), leave ‘should normally be refused’ for any person whose presence is considered undesirable due to their ‘conduct…, character or associations’.43 The breadth of these provisions means that some persons who are stateless will be refused leave to remain in the UK, particularly those who have a criminal history (even if based on minor offences). However, such persons may not be able to depart the UK, and they will live in limbo – without an immigration status, without permission to work, in some cases destitute and homeless, and potentially pushed into exploitative circumstances or committing criminal offenses to survive. Further, this provision may contribute to other human rights violations, e.g., stateless persons being unlawfully detained. Detention often occurs ostensibly pending imminent removal, but the Home Office does not refer potentially stateless detained persons to the statelessness application procedure and is sometimes slow to acknowledge statelessness or the impossibility of removal. 44 This is likely particularly so where the person is barred from being granted leave to remain under the Immigration Rules (or even recognition as stateless under the flawed definitional limitation in 401(c)). 20. Article 31 of the 1954 Convention prohibits expulsion of persons who are ‘lawfully in’ the country. UNHCR has confirmed that persons awaiting statelessness determination are ‘lawfully in’ the country.45 In contrast, UK policy is that statelessness applications will ‘normally’ be decided before removal arrangements are made, but that a statelessness application does not necessarily prevent removal.46 Although Article 31 of the 1954 Convention allows an exception when national security or public order is threatened, in such cases, absent ‘compelling reasons of national security’, the applicant must be ‘allowed to submit evidence to clear himself, and to appeal to and be represented for the purpose before competent authority’, and should be granted a ‘reasonable period within which to seek legal admission into another country’ before being expelled. UK law, however, does not include these guarantees for persons awaiting statelessness determination. Safeguards during the statelessness determination procedure 21. ‘Procedural guarantees are fundamental elements of statelessness determination procedures…. [D]ue process guarantees … including [those that apply in] refugee status determination procedures, are necessary in this context.’47 Necessary procedural guarantees include a comprehensive right of appeal covering questions of both fact and law and provision of free legal assistance to stateless persons.48 Further, UNHCR considers that statelessness determinations should be made within 6 months; or in exceptional cases, within 1 year.49 43 These are just two examples of reasons for refusal under Para 322; for the full text, see the Immigration Rules, para 322: https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-9-grounds-forrefusal. 44 See European Network on Statelessness, ‘Protecting Stateless Persons from Arbitrary Detention in the United Kingdom’ (forthcoming, November 2016) (‘ENS Report 2016’). 45 UNHCR Statelessness Handbook (note 8) para 135. See also note 8. 46 According to the policy, removal may occur if the applicant does not have leave to remain in the UK of any kind and an emergency travel document is issued. 2016 guidance (note 14) Section 6.2. 47 UNHCR Statelessness Handbook (note 8) para 71. 48 Ibid, paras 71, 76. 49 Ibid, paras 74-75. 9