2016]
The Protection of Stateless Persons in Australian Law
415
ty. Australia will continue to work with UNHCR, civil society and interested
parties to progress this pledge.74
This declaration reinforced contemporaneous statements by the Australian
government that it intended to create a statelessness status determination
procedure within the framework of the Migration Act 1958 (Cth) (‘Migration
Act’). However, the government subsequently decided to create only internal
departmental procedures to determine statelessness,75 and stated that a
dedicated visa for stateless persons would not be considered.76
It is against this background that we examine current Australian law to
assess how fully it reflects Australia’s international obligations to protect
stateless persons, and to recommend how greater compliance might
be achieved.
IV T H E E X T E N T O F S TAT E L E S S N E S S I N A U S T R A L IA
There is no comprehensive, publicly available governmental record of the
number of stateless persons in Australia. The Australian Bureau of Statistics
does not collect information either on the number or location of stateless
persons in Australia,77 and there is no mechanism in place to identify them.
As the Equal Rights Trust has observed, ‘[t]he stark absence of accessible data
on statelessness in Australia is reflected in the fact that Australia consistently
registers “nil” under the category of stateless persons in the UNHCR annual
report’.78 This is not a uniquely Australian phenomenon; rather, improving
‘quantitative and qualitative data on stateless populations’ is one of the ten
actions to end statelessness listed in the UNHCR’s Global Action Plan to End
74
UNHCR, Pledges 2011, above n 14, 49. Additionally, the Australian delegate to the UNHCR
Standing Committee on 22 June 2011 had pledged to the UNHCR that Australia would
develop a process for identifying and registering stateless persons in order to adhere to its
obligations pursuant to the 1954 Convention: Refugee Council of Australia, Australia’s Statelessness
Status
Determination
Procedure,
1,
1
n
1
<http://www.refugeecouncil.org.au/r/s&l/120600-SSD.pdf>.
75
This was explained by the Department of Immigration and Citizenship (Cth) at a meeting of
the Onshore Protection Consultative Group on 16 November 2011.
76
Onshore Protection Consultative Group, ‘Statelessness Status Determination Briefing Paper’
(16 November 2011). The change in direction followed the appointment of a new Immigration Minister, although this was never formally cited as the reason for the volte-face.
77
Tarek Abou Chabake, ‘Presentation’ (Paper Presented at the Workshop on Researching
Statelessness and Citizenship in Asia and the Pacific, Melbourne Law School, January 2016).
78
Equal Rights Trust, above n 13, 112. Subsequent annual reports (since 2010) have continued
this trend.