Identifying the Stateless in the United Kingdom • 453 4. P RO C E D U R E TO D ET E R M I N E STAT E L E S S N E S S I N T H E A CC E S S TO J U ST I C E F R A M E W O R K SDPs have the potential to protect stateless people because they facilitate the recognition of legal status and rights. In particular, the purpose of SDPs is to ensure the identification of stateless persons and provide a practical solution for those who do not enjoy the benefits normally attached to having a nationality.76 As the result of pressure from UNHCR and civil society, the UK adopted an SDP that came into effect on 6 April 2013.77 The HO issued initial guidelines on 1 April 2013 to explain the policy and provisions for considering statelessness applications, updating them in 2016 and 2019.78 Although the introduction of the SDP was a step forward, the process contains a number of flaws, which are examined in the following sections. Overall, the mechanism has had little effect in reducing the risk of arbitrary detention of stateless persons. 4.1 Legal framework: definition of ‘stateless person’ and procedure According to paragraph 401 of the Immigration Rules, in order to be considered stateless, a person must meet the definition set out in article 1(1) of the 1954 Convention,79 73 74 75 76 77 78 79 Jeremy McBride, ‘Access to Justice for Migrants and Asylum Seekers in Europe’ (Council of Europe 2009) 7; Jin Ho Verdonschot and others, ‘Measuring Access to Justice: The Quality of Outcomes’ (2008) Tilburg University Legal Studies Working Paper No 014/2008, 4–5 and TISCO Working Paper Series on Civil Law and Conflict Resolution Systems No 007/2008. McBride (n 73) 7; Terlouw (n 57). See also Marchiori (n 57) 5 fn 2; UNDP, ‘Access to Justice Practice Note’ (2004) Box 1; UN Women, ‘Progress of the World’s Women: In Pursuit of Justice’ (2011) 48–63, 118–21; World Bank, World Development Report 2012: Gender Equality and Development (2011) 166–68. Carol A Batchelor, ‘The 1954 Convention Relating to the Status of Stateless Persons. Implementation within the European Union Member States and Recommendations for Harmonization’ (2004) 22 Refuge 31; Bianchini (n 3) 45–48; Bianchini (n 5); Gyulai 2014 (n 6) 120–23; UNHCR (n 4) paras 8–12. Immigration Rules 2013, HC 1039, Part 14: Stateless Persons (amended). HO, ‘Stateless Guidance: Applications for Leave to Remain as a Stateless Person. V1.00’ (2013); HO, ‘Asylum Policy Instruction: Statelessness and Applications for Leave to Remain. V2.0’ (2016); HO, ‘Asylum Policy Instruction: Statelessness. V3.0’ (2019). 1954 Convention (n 2) art 1(1). Downloaded from https://academic.oup.com/ijrl/article/32/3/440/6065591 by guest on 04 July 2025 Secondly, ‘access to justice’ is employed in this article to express the idea that stateless persons should have the right to a fair solution, with emphasis on developing changes for achieving legal and decision-making outcomes that are just and reflect people’s interests and needs.73 This wider view of access to justice is concerned with a more substantive access to justice that would include improving both substantive rights and procedural arrangements.74 With this in mind, the following part considers the current legal framework and implementation of the UK’s SDP. By identifying interrelated objective, subjective, and physical barriers, it also examines how the lack of recognition of statelessness interconnects with immigration detention.75