determination procedure but will keep the matter under review, having regard also to developments in other
jurisdictions and the nature of their determination procedures.”48
Similarly, government officials in 2015 responding to a legal representative in this area have stated that there
is no positive obligation on Contracting States under the 1954 Convention on the Status of Stateless Persons
to implement a determination process for recognition of stateless persons. The officials noted at that time that
deliberations were ongoing regarding having a formal process for stateless persons but that steps would need
to be taken to ensure that any such process could not be a pull factor for statelessness driven migration or that
Ireland was not taking on responsibilities for resolving cases that might be more appropriately dealt with in other
Member States.
In October 2021, in response to the UN Committee on the Rights of the Child’s request49 to report on any measures
taken to establish a statelessness determination procedure, the Department of Children, Equality, Disability,
Integration and Youth stated as follows in the draft combined fifth and sixth State Report of Ireland to the Committee:
“Ireland does not have a formal procedure for the determination of statelessness. As statelessness can arise
at any stage in the immigration and protection process, it can typically be addressed through the various
processes under the International Protection Act 2015 which contain clear provisions with regard to securing
the best interests of the child, including unaccompanied minors, or the various immigration processes where
statelessness is not co-existent with a protection need.”50
Similarly, in relation to a parliamentary question the Minister for Justice, Helen McEntee noted that:
“Statelessness results from the complex interaction of many legal and other factors. There is no specific
determination process for recognition of stateless persons in Ireland; claims of statelessness can arise at any
point in the immigration and protection processes and the numbers involved are very low. My Department deals
with such cases without recourse to a determination of their statelessness status. The determination of any
such cases are not centralised in a single process or section of my Department’s Immigration Service Delivery.
As such, applications for immigration permission or naturalisation are determined through the procedures set
out under the Immigration Acts, the International Protection Act 2015 or the Irish Nationality and Citizenship
Act 1956, as amended.”51
As part of this research the Department of Justice was consulted in relation to its practice regarding stateless
persons. The approach adopted by the Department is to reach ad hoc solutions in relation to individual stateless
cases whereby persons in this situation may be granted a right of residence in the State, accompanied by a right
to work, without giving any detailed consideration to their statelessness claim. Due to the case-by-case approach
and ad hoc solutions it is difficult to know if all persons claiming to be stateless were able to have their situation
resolved in practice. However, in the absence of ongoing legal representations and requests by such persons or
their legal representatives on that issue, the Department of Justice noted that it may be reasonably concluded
that the issues they had raised which had prevented them from fully engaging in Irish life had been mitigated
by the ad hoc solutions referred to. No updates were provided by the Department of Justice on the possibility
of a statelessness determination procedure being introduced in the future. Without such a process, stateless
individuals may spend considerable lengths of time trying to resolve their situation through various administrative
and immigration procedures. They will likely face obstacles in each procedure due to lack of official confirmation
48
Parliamentary question response to question 173 of 12 June 2014 by former Minister for Justice and Equality Frances Fitzgerald, available
at: https://www.oireachtas.ie/en/debates/question/2014-06-12/173/
49
UN Committee on the Rights of the Child, List of issues prior to submission of the combined fifth and sixth reports of Ireland, CRC/C/IRL/
QPR/5-6, available at: https://bit.ly/3YgprQo
50
Department of Children, Equality, Disability, Integration and Youth, Draft Combined Fifth and Sixth State Report of Ireland to the UN
Committee on the Rights of the Child, October 2021, available at: https://bit.ly/3VQxjX6
51
Parliamentary question response to questions 444, 4445 and 447 by Minister for Justice, Helen McEntee, 7 December 2021, available at:
https://bit.ly/3FMgOG1
UNHCR
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