2016]
The Protection of Stateless Persons in Australian Law
455
Despite ratifying the core treaties decades ago, Australia continues to fail to
respond to the protection needs of stateless persons who arrive in Australia.
While many stateless persons undoubtedly benefit from protection in
Australian law pursuant to the Refugee Convention, this is not the solution
for all stateless persons since statelessness on its own is not a ground for
refugee protection.
As the former UN High Commissioner for Refugees, António Guterres,
has observed, ‘[s]tatelessness is a profound violation of an individual’s human
rights.’292 In this article, we have highlighted the importance of greater
understanding and awareness of stateless persons in Australia, especially as a
human rights issue, and have identified the need for a comprehensive
mapping exercise. Most importantly, however, we have explained why
Australia should adopt a dedicated procedure for the identification and
conferral of legal status on stateless persons in Australia. As Guterres has also
said, it is ‘deeply unethical to perpetuate the pain [statelessness] causes when
solutions are so clearly within reach.’293 The creation of a statelessness status
determination procedure to provide stateless persons in Australia with a legal
status is one such solution.
292
UNHCR, Global Action Plan, above n 35 (inside front cover).
293
Ibid.