1.3 UNHCR Recommendations
Overall, the current practice as highlighted in this research, shows that Ireland is not meeting its full obligations
under the 1954 and 1961 Conventions, particularly for stateless persons who do not seek international protection.
Changes to law, policy and practice are required to ensure that stateless persons in Ireland are clearly identified
and protected, and that proper legal safeguards are introduced to prevent statelessness.
UNHCR recommends that Ireland take steps to establish and implement a statelessness determination procedure
to allow for the identification and protection of stateless persons. The establishment of such a procedure would
ensure fairness, transparency, and efficiency in how such persons are dealt with and improve consistency within
the immigration and international protection system in Ireland.
As part of an immediate response, UNHCR recommends greater coordination between state agencies and
government departments in the collection, recording and publication of qualitative and quantitative data related to
stateless persons in Ireland. Similarly, clear procedures should be established to ensure greater consistency and
coordination among various departments and state agencies in their response to stateless persons. Steps should
be taken to remove administrative obstacles to stateless persons in accessing their rights and raise awareness of
their specific needs among government officials. Similarly, in order to raise awareness in the relevant government
departments, statelessness focal points should be established, and a centralised approach should be taken to
policy and practice in this area. Greater legal certainty, transparency and clarity of process would be of benefit to
stateless persons and national authorities alike. The introduction of guidelines for assessing stateless persons in
both the international protection procedure and relevant immigration procedures will also assist in achieving this
aim.
In terms of reduction and prevention of statelessness, while Irish legislation contains some safeguards aimed at
preventing childhood statelessness, these could be strengthened by ensuring automatic acquisition by birth of
Irish citizenship for children born stateless or by the introduction of transparent procedures on how to avail of
rights under Section 6(3) of the Irish Nationality and Citizenship Act 1956 (as amended).2 Similarly, revocation of
citizenship laws should be amended to ensure that there is a safeguard against statelessness in individual cases.3
In conclusion, UNHCR hopes that the findings and recommendations contained in this report will contribute to the
ongoing dialogue with government officials, civil society and other relevant actors on what steps need to be taken
to bring Ireland into line with international and European standards in the identification and protection of stateless
persons and the prevention and reduction of statelessness.
2
Section 6(3) of the Irish Nationality and Citizenship Act 1956 provides that ‘a person born on the island of Ireland is an Irish citizen from
birth if he or she is not entitled to citizenship of any other country. For further information see chapter 6.1 below.
3
Section 19 of the Citizenship Act 1956 provides for the various grounds when a certificate of naturalisation can be revoked including
where the certificate was procured by fraud or misrepresentation. For further information see chapter 6.2 below.
UNHCR
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