2016] The Protection of Stateless Persons in Australian Law 453 assessed rather than automatically subsumed within their parents’, especially if their own claim is stronger.281 F Legal Status, Rights and Entitlements Stateless persons are entitled to the rights set out in the 1954 Convention, as well as general protections under international human rights law.282 As explained above, the 1954 Convention affords an almost identical legal status to stateless persons as provided by the Refugee Convention.283 In light of these international standards, and mindful of the structure of the Australian asylum system, stateless persons should be accorded the same legal status as refugees and beneficiaries of complementary protection, and their family members should be granted derivative status.284 They should be granted permanent protection visas that provide for the possibility of naturalisation, in accordance with art 32 of the 1954 Convention.285 Indeed, as the Australian government noted in the complementary protection context: our view is that all persons recognised to be in need of international protection should benefit from similar basic civil, political, economic and social rights as those afforded to refugees and that their need for protection can be as long in duration.286 281 Ibid [36]; UNHCR, Handbook on Protection of Stateless Persons, above n 20, 28–9 [71]. 282 Like refugee status, recognition that a person is stateless is declaratory, not constitutive, in nature: UNHCR, Geneva Conclusions, above n 136, 6 [21]. 283 See above Part III. However, there are several differences, as noted in above n 66. 284 McAdam, ‘Position Paper’, above n 238, 9 [43]. As the Department has observed, this can ‘avoid potential adverse effects on the family unit’: Department of Immigration and Citizenship (Cth), Draft Complementary Protection Visa Model (October 2008) 4. 285 Article 32 provides: ‘The Contracting States shall as far as possible facilitate the assimilation and naturalization of stateless persons. They shall in particular make every effort to expedite naturalization proceedings and to reduce as far as possible the charges and costs of such proceedings’. See also UNHCR, Handbook on Protection of Stateless Persons, above n 20, 53 [148]. Submissions made to Parliament about the rationale for granting refugees and beneficiaries of complementary protection the same status, which apply analogously here, are also relevant: Michelle Foster and Jason Pobjoy, Submission No 9 to Senate Legal and Constitutional Affairs Legislation Committee, Inquiry into the Migration Amendment (Complementary Protection) Bill 2009, 28 September 2009, 5–12; Jane McAdam, Submission No 21 to Senate Standing Committee on Legal and Constitutional Affairs, Inquiry into the Migration Amendment (Complementary Protection) Bill 2009, 28 September 2009, 2–3 [1]–[2], 5 [8]. 286 Department of Immigration and Citizenship (Cth), Draft Complementary Protection Visa Model, above n 284, 6, quoted in McAdam, ‘Position Paper’, above n 238, 9 [41].

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