2020 A Statelessness & Citizenship Review 2(2) Stateless Palestinians for Whom it is Established that Return to a Country of Previous Habitual Residence is Impossible for Administrative Reasons (and Not Due to a Fear of Persecution) The approach described above places this particular category of Palestinian refugees in a situation of limbo and creates a protection gap. 87 Although we are not aware of a concrete case, it is conceivable that a single applicant who was born and raised in a third country outside UNRWA’s area of operation, or who stayed within that country for a long period of time, would be refused international protection by the asylum authorities applying art 1A of the 1951 Refugee Convention as it pertains to stateless persons. A court would consider only the country of previous habitual residence regarding a fear of persecution, and, at the same time, refuse to recognise them as stateless in the framework of the statelessness determination mechanisms. Another conceivable situation is where an applicant is refused international protection by the asylum authorities for the same reasons, is recognised as stateless by the courts (eg in the southern half of Belgium) but is unable to secure a residence permit because of the lack of a legislative framework in this regard. 88 B Stateless Palestinians for Whom Protection in Line with the UNHCR Handbook is Not Available in Another State Although the 1954 Convention does not explicitly require that states grant stateless persons a right of residence, granting such permission would fulfil the object and purpose of the Convention. 89 Therefore, UNHCR recommends that recognition of statelessness should generally result in the issuance of a residence permit. In addition, UNHCR acknowledges that in some cases it may not be necessary to issue a residence permit where protection is available in another state. For instance, where a stateless person can return to another country. 90 UNHCR’s position is that the possibility of return to another country can be grounds for limiting the protection of a stateless person only if protection is available in this other country. That protection can be apparent either when that person can (re)acquire a nationality through a simple, rapid and non-discretionary procedure, or when they enjoy permanent residence status in a country of previous habitual residence to which immediate return is possible. 91 With respect to an individual’s ability to return to a country of previous habitual residence, return must be accompanied by the opportunity to live there in security and dignity, in conformity with the object and purpose of the 1954 Convention. Thus, this exception only applies to those individuals who already enjoy the status of permanent residence in another country, or would be granted such status upon arrival, where their return was accompanied by a full range of civil, economic, social and cultural rights, and where there is a reasonable prospect of obtaining the nationality of that state. 92 87 88 89 90 91 92 See above Part III(C)(3)(b). See above Part III(A)(1). UNHCR Statelessness Handbook (n 40) [147]. 1954 Convention (n 4) art 31. UNHCR Statelessness Handbook (n 40) [153]–[157]. UNHCR Statelessness Handbook (n 40) [157]. 314