Breaking the Presumption The aforementioned realities and causes of statelessness may be difficult to fit within the strict interpretation of the concept of statelessness agreed by states in 1954. Given this, UNHCR has held special consultation meetings with international experts and has adopted different guidelines over the past 20 years on these matters. One of the key conclusions and recommendations is that the interpretation and application of ‘law’ in art 1(1) shall broadly be ‘to encompass not just legislation, but also ministerial decrees, regulations, orders, judicial case law … and, where appropriate, customary practice’. 36 Consequently, the scope of art 1(1) includes state practices, administrative measures (written or not) and cultural stereotypes as causes of statelessness. Finally, the recognition of statelessness, as it is conceptualised in art 1(1) of the 1954 Convention, has impacted states through its incorporation into national legislation. Thus, at the core of SDP lies the concept of statelessness as stated in art 1(1) of the 1954 Convention, as it is recognised in national legal systems and within the bounds of its corresponding extended interpretation. IV COULD SDP BE APPLICABLE TO IN SITU STATELESS? Statelessness results from both migratory and non-migratory contexts. 37 Stateless migrants and refugees in situations of displacement are considered ex situ stateless since they are out of their country of nationality. 38 By comparison, in situ stateless populations were born or have lived for a long time within the territory or boundaries of their country of ‘habitual residence’ 39 (even since the time of that state’s independence, succession or self-determination). Both profiles can have strong roots within the country (family, social, cultural and economic) and might 36 37 38 39 Concerning Palestinians and Saharawi’s statelessness and refugee stateless, see The World’s Stateless — Deprivation of Nationality (Report, Institute of Statelessness and Inclusion 2020) 10–11, 24, 53, 105, 127–32 (concerning Palestine) 24, 121–22 (concerning the Saharawi Arab Democratic Republic). Guidelines No 1 (n 23) [5]. Statelessness Determination and the Protection of the Status of Statelessness Persons (Report, European Network on Statelessness 2013) 5 <https://www.refworld.org/pdfid/53162a2f4.pdf> (‘Statelessness Determination’). ‘Stateless people in a migratory context are persons who are migrants or have a migratory background. They have no or no meaningful connections to the country they live in’. Caia Vlieks, Understanding Statelessness: What Are the Different Contexts of Statelessness in Europe, European Network on Statelessness (Blog Post, 14 September 2017) <https://www.statelessness.eu/updates/blog/understanding-statelessness-what-are-differentcontexts-statelessness-europe> (‘Understanding Statelessness Contexts in Europe’). United Nations High Commissioner for Refugees, Guidelines on Statelessness No 3: The Status of Stateless Persons at the National Level, UN Doc HCR/GS/12/03 (17 July 2012) 2, 5 (‘Guidelines No 3’). The condition that a stateless person be ‘habitually resident’ or ‘residing’ indicates that the person resides in a Contracting State on an on-going and stable basis. ‘Habitual residence’ is to be understood as stable, factual residence. This covers those stateless persons who have been granted permanent residence, and also applies to individuals without a residence permit who are settled in a country, having been there for a number of years, who have an expectation of ongoing residence there. 69