16. This divergence in approach matters. Even if legitimately denied protection in the UK because an exclusion ground applies (in accordance with the 1954 Convention), to deny that such persons are stateless by definition is inconsistent with international law and undermines the exercise of other human rights, including in relation to non-discrimination and liberty.34 The language of Para 401, ‘[f]or the purposes of this part’, suggests that a different definition may apply in contexts other than Part 14 of the Immigration Rules and denotes that, for example, in detention-related decisions, the UK should acknowledge persons as stateless where they meet the 1954 Convention definition, even if they would be excluded under Para 402 of the Immigration Rules (and therefore not considered stateless for purposes of Part 14), or if they would be barred from leave under other provisions. Statelessness can be acknowledged in the asylum context (even if refugee status or complementary protection is not granted) or pursuant to an application for a stateless person’s travel document.35 As discussed below, in some cases, the Government’s lack of recognition of statelessness leads to futile removal efforts and lengthy immigration detention which may violate the right to liberty. 17. The Immigration Rules at Para 402(b) exclude stateless persons who are recognised as having ‘rights and obligations which are attached to the possession of the nationality’ of ‘the country of their former habitual residence’. Although the Government’s 2016 guidance states that this provision ‘mirrors’ Article 1(2)(ii) of the 1954 Convention and ‘reflects’ Article 1E of the 1951 Convention relating to the Status of Refugees,36 the wording is significantly different from those Conventions, both of which refer to ‘the country in which’ a stateless person has ‘taken (a) are at present receiving from organs or agencies of the United Nations, other than the United Nations High Commissioner for Refugees, protection or assistance, so long as they are receiving such protection or assistance; (b) are recognised by the competent authorities of the country of their former habitual residence as having the rights and obligations which are attached to the possession of the nationality of that country; (c) have committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provisions in respect of such crimes; (d) have committed a serious non-political crime outside the UK prior to their arrival in the UK; (e) have been guilty of acts contrary to the purposes and principles of the United Nations. 34 See also Eric Fripp, Nationality and Statelessness in the International Law of Refugee Status (Hart Publishing, 2016), Chapter 1. 35 Article 28 of the 1954 Convention requires issuance of a travel document to any stateless person ‘lawfully staying in’ the territory unless there are ‘compelling reasons of national security or public order’; Article 28 also provides that States may issue travel documents to other stateless persons ‘in their territory’ and must give ‘sympathetic consideration’ to issuance of travel documents to any stateless persons ‘who are unable to obtain a travel document from the country of their lawful residence’. UNHCR’s Statelessness Handbook (note 8, paras 136-37) observes that ‘lawfully staying in’ refers not only to persons with residence permits; it may include persons ‘recognised as stateless … but to whom no residence permit has been issued.…’ (due to ‘length of time already spent in the country’). We note that the Home Office’s webpage on travel documents (https://www.gov.uk/apply-home-office-travel-document/overview) suggests, incorrectly, that to obtain a stateless person’s travel document, the applicant must have leave to remain as a stateless person. Although the UK requires some form of leave to remain to obtain a travel document, a stateless person who has leave to remain in a category other than under Part 14 of the Immigration Rules (e.g., a stateless person with leave to remain as a student or spouse) should be eligible for a stateless person’s travel document. The Government’s guidance for the application for a travel document confirms (at No. 4) that eligibility is based on having been recognised as stateless pursuant to the 1954 Convention definition. ‘TD112 BRP Guidance Notes, Version 03/2016’ https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/508053/TD112_BRP_Guidan ce_Notes_03_2016_Final__2_.pdf. 36 (note 14) Section 5.2. 7