5 Establish a coordinated and consistent approach to administrative requests regarding stateless persons
across Immigration Service Delivery at the Department of Justice including in the area of renewal of
permission to remain, registration of immigration permission, travel document applications and access to
citizenship.
This recommendation would meet the requirement to protect stateless persons who are currently residing in
Ireland without a formal recognition of their status. This report has highlighted that frequently this cohort of people
face lengthy administrative obstacles and barriers in relation to their engagement with immigration procedures.
A coordinated approach across Immigration Service Delivery in the Department of Justice with clear guidelines
would assist in creating a more streamlined and efficient process and the removal of such administrative challenges
which is of assistance to both the individual stateless persons concerned and officials operating in this area.
Any guidelines, in the absence of a formal statelessness determination procedure, should include guidance on
ensuring flexibility in relation to documentary requirements imposed on stateless persons.
6 Establish guidelines on the identification and protection of stateless persons in the international
protection procedure
Such guidelines could focus not only on early identification and recording of stateless persons but also on the
protection risks faced by stateless persons and related human-rights developments in order to improve consistency
in decision-making in this area. In addition, the guidelines could address procedural matters such as measures to
be taken when a person is first registered with a specific nationality and then subsequently is found to be stateless
in the protection procedure.
7 Establish guidelines on the identification and protection of stateless persons as part of permission to
remain considerations under the Immigration Act 2004 and International Protection Act 2015 on an
interim basis pending the introduction of a statelessness determination procedure.
As demonstrated in this report stateless persons may appear in various immigration procedures as well as in
the international protection procedure. In the absence of a formal statelessness determination procedure, on
an interim basis, guidelines could be developed in relation to permission to remain considerations for stateless
persons who are found not to be eligible for international protection in the protection procedure and stateless
persons in immigration procedures. Such guidelines could focus on identification of stateless persons and other
various factors such as documentary evidence requirements, recording of data and procedural safeguards.
8 Facilitate naturalisation for stateless children by ensuring automatic acquisition at birth or, in the
alternative, by clearly prescribing a procedure for children born stateless in Ireland to avail of Irish
nationality in accordance with Article 6(3) of the Irish Nationality and Citizenship Act 1956
Automatic acquisition at birth for children born stateless in Ireland would be an efficient and effective way to
prevent childhood statelessness. In the alternative, a clear and transparent procedure with published guidance
should be developed so that parents, guardians, and legal representatives of such children know how to assert
this right in practice.
9 Remove the reservation to the 1961 Convention concerning revocation of citizenship for naturalised
persons and introduce a new legislative provision in the Irish Nationality and Citizenship Act 1956 (as
amended), preventing the revocation of citizenship where this would render a person stateless.
Removing the reservation to the 1961 Convention and introducing such a new legislative provision would be a
safeguard against statelessness in case of loss and deprivation of nationality in any form and meet the State’s
obligations under the 1961 Convention.
UNHCR
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