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Accordingly, an identical status should be granted to stateless persons. As
McAdam notes, ‘[t]his approach is also consistent with the Government’s visa
rationalisation programme’,287 and reduces the chances of people appealing
their status.
Finally, the 1954 Convention does not permit states to exclude persons
from recognition as stateless persons simply because they have given up their
nationality voluntarily. However, while the matter of free choice is irrelevant
to determining eligibility, it may ‘be pertinent to the matter of the treatment
received thereafter’, since they may be able to reacquire that nationality.288 In
the unlikely event that a person were to voluntarily renounce his or her
nationality solely for the purpose of claiming protection as a stateless person
in Australia,289 ‘the legislation could stipulate that protection would not be
forthcoming if the individual could recover his or her former nationality
within a reasonable period of time.’290 McAdam suggests that:
What is considered ‘reasonable’ will depend on all the circumstances of the
case, including whether or not [the applicant] is in immigration detention (and
if [the applicant] is, then a shorter timeframe is appropriate), whether nationality can be automatically reacquired, the circumstances in which the person will
live pending that determination, and so on.291
In some cases, whether or not renunciation was, in fact, ‘voluntary’ would
need to be very carefully scrutinised.
V II C O N C LU S I O N
In this article, we have begun the process of highlighting the predicament and
protection needs of stateless persons in Australia. As a traditionally overlooked and radically under-explored phenomenon, there is very little information about the numbers of stateless persons who have arrived in Australia,
and little by way of academic research or scholarship exploring their plight.
287
McAdam, ‘Position Paper’, above n 238, 9 [42]. See also Department of Immigration and
Citizenship (Cth), Draft Complementary Protection Visa Model, above n 284, 4.
288
UNHCR, Handbook on Protection of Stateless Persons, above n 20, 21 [51]; see also
at 56 [161]–[162].
289
See generally UNHCR, Prato Conclusions, above n 136, 4 [20].
290
McAdam, ‘Position Paper’, above n 238, 7 [30]. See also Gábor Gyulai, Statelessness in
Hungary: The Protection of Stateless Persons and the Prevention and Reduction of Statelessness
(Hungarian Helsinki Committee, 2010) 15.
291
McAdam, ‘Position Paper’, above n 238, 7 [30].