Identifying the Stateless in the United Kingdom
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Stateless Person 1 (n 117).
All the stateless interviewees in the study confirmed this.
Singer (n 19) 15; Stephen Shaw, Review into the Welfare in Detention of Vulnerable Persons (Cm
9186, HO 2016) 133.
While detention immigration centres do have computers with internet access in their libraries,
many sites are blocked and unavailable. Singer (n 19) 15; Shaw (n 133) 133.
Interview with Stateless Person 3 (London, 2 May 2016); Stateless Person 6 (n 116).
Asylum Aid, ‘The UK’s Approach to Statelessness: Need for Fair and Timely Decisions’, Policy
Briefing (September 2016) 3–4; Bianchini (n 8); Bezzano and Carter (n 104) 25.
Solicitor 1 (n 120); Solicitor 3 (n 126).
Cappelletti and Garth (n 58) 181–82.
Although the internal review is carried out by a HO team in a different location and management chain from the officials who made the original immigration decision, the independence of
the reviewers has been questioned. Bianchini (n 5) 152. On internal reviews in general, and the
difficulty in guaranteeing independence from the primary decision maker, see Denis J Galligan,
Due Process and Fair Procedures: A Study of Administrative Procedures (2nd edn, Oxford University
Press 2004) 132.
Alexandra Poupotsi, ‘Stateless Persons in Detention: Trapped by Law?’ (MA thesis, Tilburg
University 2017) 4, 31.
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‘many details of family members and places of former residence and ask[ing] the same
information in a repetitive and confusing manner’.131 Lack of English language skills
and formal education, and inability to comprehend the legal system, were common
problems in making an application without the help of a solicitor.132 Moreover, the recent requirement to complete the application form online raises particular problems
for unrepresented detainees, since not all are computer literate and access to computers at immigration centres is limited.133 Lack of sufficient access to the internet and
other forms of communication has been raised in other studies as a serious obstacle to
lodging and preparing cases.134
As far as the timeliness of the proceedings was concerned, many interviewees reported long waiting times for a decision, which made them less willing to pursue their
cases.135 Most applications take more than a year, some take more than two years.136
The waiting time becomes even longer when judicial review is sought for refusals. In
addition, individuals may have tried to seek asylum before, and their failed applications
add to the delay, due to having to go through one more layer of procedures.137 These
delays are a barrier, especially for represented persons who may worry about the legal
fees involved. Meanwhile, unrepresented persons can become so frustrated that they
relinquish their rights.138
When a statelessness application is refused, the main issues of fairness appear to be:
(1) the lack of independence of the HO team in charge of the internal review;139 (2) inability to lodge an application for judicial review, especially if the person is in immigration detention; and (3) difficulties in pursuing cases without legal representation due
to the complexity of the legal issues and procedures involved, and a lack of knowledge
of the system and language (as will be discussed further in section 5.3).
In conclusion, there are serious problems concerning the fairness and effectiveness
of the SDP. Status determination is fundamental to the protection of stateless persons,
particularly in cases where they have nowhere else to go and would otherwise be in legal
limbo.140 Persons without a determined nationality status are particularly vulnerable to