2016]
The Protection of Stateless Persons in Australian Law
419
Of course, all these statistics must be approached with caution as they do not
provide any breakdown by cohort, ethnicity, or country of former habitual
residence. Thus, it is likely that the overall approval rates for some groups will
vary dramatically from others, as is the case in refugee status determination in
Australia in general.90 The figures are broadly comparable with overall rates of
success for onshore arrivals who are not stateless, indicating that the Australian government accepts the fundamental proposition that stateless persons can
qualify for refugee status if they meet the requirements of the refugee definition.91 However, it is important to note that the lack of a statelessness status
determination procedure, and the deficiencies outlined below in existing
departmental guidelines relevant to identifying stateless persons, means that
there is currently no verifiable method of discerning overall success rates for
de jure stateless persons who seek protection in Australia.
While the precise ethnic composition of stateless persons in Australia is
unclear, there is agreement about the predominant groups. According to the
Department of Immigration and Border Protection’s Procedures Advice
Manual 3 (‘PAM3’), ‘[t]he four largest cohorts of PV [Protection Visa]
applicants claiming to be stateless [in Australia] are: Burmese Rohingya, Faili
Kurds (from Iran and Iraq), Kuwaiti Bidoon,92 and Palestinians (from Iraq).’93
In terms of those in immigration detention who are awaiting status determination or deportation, government figures suggest that as at 30 September
2015, 81 people in immigration detention in Australia (including the Australian mainland and Christmas Island) were classified as stateless by the Department.94 It is important to note that there is no publicly available information as to how the Department has classified such persons as stateless.
Additionally, since there is no stateless determination process in Australia, as
discussed below, it is likely that people could be wrongly classified and the
number of persons who are stateless and in detention could be much higher.
90
For example, an analysis of Refugee Review Tribunal annual reports indicates that there can
be very significant divergences in terms of success rates between applicants based on country
of origin.
91
See below Part V.
92
Also referred to as Bedoun, Bedoon, Bidun and Bidoun.
93
Department of Immigration and Border Protection (Cth), Procedures Advice Manual 3:
Refugee and Humanitarian — Protection Visas — All Applications — Common Processing
Guidelines (16 February 2016) 126 [80.1]. The authors refer to the February 2016 version of
this source, which was the most current at the time of writing. Note that the October 2016
version is substantially similar for the purposes of this article.
94
Department of Immigration and Border Protection (Cth)/Australian Border Force,
Immigration Detention and Community Statistics Summary (30 September 2015) 8.