Legal briefing on the rights of stateless Palestinians in the UK September 2025 permanent residence’.131 However, decision makers are required to carry out research and enquiries, particularly for child applicants, where the applicant is ‘unable’ to do so.132 The standard of proof applied is the ‘balance of probabilities’, which is higher than in asylum applications.133 Applicants who are determined to be stateless will be granted leave to remain for five years and most of the rights protected in the 1954 Convention, subject to the fulfilment of the additional requirements imposed by the Immigration Rules and where no ground for refusal applies.134 If the application is refused, the applicant may apply for an Administrative Review and there is a possibility of judicial review or making a new application if an Administrative Review does not result in a legally correct decision.135 A discretionary immigration status is sometimes available for stateless people who do not meet the full criteria. While Home Office guidance states that the non-recognition of the State of Palestine may be the decisive factor on which a determination of statelessness is based,136 it is important to clarify that all Palestinians who do not hold the nationality of another country meet the definition under Article 1(1) of the 1954 Convention as a matter of international law, regardless of whether the UK recognises the State of Palestine or not (as outlined in Section 1.3). Thus, if the State of Palestine is recognised by the UK, this should have no bearing on their ability to access leave to remain in the UK as a stateless person. It must be noted that, similarly to the protection under the Refugee Convention, Palestinians who receive protection or assistance from UNRWA are not eligible for leave to remain as a stateless person under Section 2.2(a) of the Immigration Rules: Appendix Statelessness, which reflects the exclusion clause outlined in Article 1(2)(i) of the 1954 Convention.137 The Home Office guidance to caseworkers provides that, in practice, this exclusion clause is to be applied in a manner analogous to Article 1D of the Refugee Convention.138 Given the parallels between this clause and Article 1D of the Refugee Convention, caselaw in relation to the latter may also be applicable in applications for leave to remain on the grounds of statelessness, under the 1954 Convention. Therefore, given the inability of UNRWA to provide protection or assistance in some of its areas of operation, it may be that this clause may not operate to exclude people from protection (although the individual is likely to receive refugee status in that case). The relevance of jurisprudence regarding Article 1D of the Refugee Convention in relation to the interpretation of Article 1(2)(i) of the 1954 Convention has also been recognised by the Hungarian Supreme Court,139 the Swiss Federal Supreme Court140, and the French Council of State.141 The 131 UK Home Office, Permission to stay as a stateless person: caseworker guidance (last updated 22 July 2025) p 20. See also Immigration Rules Appendix Statelessness, S 3.4. 132 ibid. 133 UK Home Office, ‘Permission to stay as a stateless person’ (fn 131) p 19, citing UK Court of Appeal, AS (Guinea) v SSHD & Anor [2018] EWCA Civ 2234 (12 October 2018). See also ENS, Statelessness Index: United Kingdom. 134 Those who are recognised as stateless and who are granted leave to remain are entitled to work, study and access public funds in the UK. See S 5.1 and 5.2 of the Immigration Rules Appendix Statelessness. 135 Immigration Rules Appendix Statelessness, S 4.2. 136 See UK Home Office, ‘Permission to stay as a stateless person’ (fn 131) p 23. 137 Article 1(2)(i) of the 1954 Convention: ‘This Convention shall not apply [to] persons who 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 […]’. 138 UK Home Office, ‘Permission to stay as a stateless person’ (fn 131) p 15. 139 Hungary, Supreme Court, judgment no. Kfv.II.38.067/2018/6 (13 November 2019). 140 Switzerland, Federal Court, judgment no. 2C_330/2020 (6 August 2021); Switzerland, Federal Court, 2C_587/2021 (16 February 2021). 141 France, Council of State, judgment no. 427017 (24 December 2019); See also Giulia Bittoni, blog 'Can a Palestinian refugee enjoy the status of a stateless person? A French perspective' (13 March 2020). 29