Case Western Reserve Journal of International Law 53 (2021)
Ghosts in America: Working Towards Building a Legal Framework for
Stateless Individuals in the United States
persons. 148 These States force stateless individuals into refugee
determination procedures. 149 These procedures often treat stateless
persons as other irregular migrants; as a result, their vulnerabilities and
need for special protection are ignored. 150 For example, in the
Netherlands, applicants are required to show official evidence to
support their claim that they cannot return to the country, which is
difficult when an applicant is unable to obtain official evidence. 151 In
Sweden, officials take a strict approach on proving identity, which is
an even greater burden on stateless individuals who often do not have
access to birth certificates or government identification. 152 Greece
appears to provide the least protection of all States, as it refuses to
grant permits to persons who are unable to leave the country. 153
Another country with a terrible reputation regarding their
treatment of stateless individuals is Australia. 154 When Australia was
asked by the UNHCR how many stateless people were within its
borders, Australia answered there were zero. 155 However, after some
investigating, information emerged that there were 37 stateless people
being held by the Australian government in immigration detention, on
average for more than two-and-a-half years. 156 Some people, like Said
Imasi, have been in immigration detention for over nine years. 157 Under
Australia’s current legal framework, he could—theoretically—be
incarcerated for the rest of his life because the Australian government
refuses to release him from detention or grant him a protection visa.158
Many other stateless individuals have been detained indefinitely in
immigration detention as well as in offshore centers on Nauru and
Manus Islands. 159 Further, Australia does not have a procedure for
148. Katia Bianchini, Not a Level Playing Field — Statelessness Determination
in the EU, EUROPEAN NETWORK ON STATELESSNESS (July 20, 2017),
https://www.statelessness.eu/blog/not-level-playing-field-statelessnessdetermination-eu [https://perma.cc/QKV3-R6VY].
149. Id.
150. Id.
151. Id.
152. Id.
153. Id.
154. U.N. High Comm’r for Refugees, Inquiry into the Australian Citizenship
Amendment (Citizenship Cessation) Bill 2019, ¶ 3 (Oct. 14, 2019).
155. Doherty, supra note 47.
156. Id.
157. Id.
158. Id.
159. Id.
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