UNDERSTANDING STATELESSNESS IN THE SYRIA REFUGEE CONTEXT  5.2.2.3 Return to Syria For various reasons, stateless refugees are under increased pressure to return to Syria. In KRI, many felt that obtaining identity documents fraudulently in Syria or pretending that a child was born in Syria, was an effective method to regularise their situation. Many Ajanib Kurds have also reportedly returned to Syria in order to attempt to benefit from the 2011 naturalisation decree.278 This decree offered nationality to those individuals who were registered as Ajanib, but applications for naturalisation, required them to be physically present in their hometown together with all members of their family who wish to acquire nationality.279 Many problems arose because of this. For instance, when the authorities of KRI became aware that an individual or family had returned to Syria, they sometimes took away their residence permit, and UNHCR might remove them from the register of refugees.280 Since March 2016, the KRI authorities have put in place an amnesty to regularise registration and documentation of those who temporarily left for Syria and have since returned to the KRI. There is a process where those temporarily returning to Syria for various reasons are allowed to retain their refugee certificates and residency cards, if permission is granted. However, this does not cover all those who have temporarily left for various reasons.281 5.2.2.4 Restricted movement In all the host countries, there are many security checkpoints on roads at which people are asked to present identity documents and proof of legal stay. The situation of checkpoints differs between countries and even from region to region. In Arsal in Eastern Lebanon, for example, there are areas that it is not possible to leave without identification. In general, freedom of movement within the host countries is heavily regulated. When a stateless refugee has no document this may mean they are unable to travel freely in the host country, which has a significant impact on their ability to find employment and access services.282 5.2.2.5 Increased fear and uncertainty The stateless refugees who were interviewed were well aware of their precarious legal status and what it had meant for them in Syria. They often also expressed concern about what this status would mean for them in their place of displacement. They did not know what implications statelessness and/or the lack of documentation would have for themselves, their children and their families in the future.283 For Yacoub, living in Sulimaniya KRI, having a family with Syrian nationality who could live as “proper Syrians”, even in a foreign country, would be a dream come true. Possessing only a Bitaqi Ajnabi complicated life for him and his family. He was very happy when his eldest daughter married a Syrian citizen so that she too could become Syrian and would not face the same uncertain future that the rest of his children face, and wanted his other daughters to do the same.284 The nationality law in Syria, like that of other countries in the region, allows a man to transfer his nationality to his spouse, but does not allow a woman to transfer nationality to her spouse.285 278 279 280 281 282 283 284 285 For more information on this decree see Z. Albarazi, The Stateless Syrians, supra n41. Interview with Qandil, Erbil KRI, July 2016. Interview with Faliya, Dohuk KRI, July 2016; interview with Harikar, Dohuk KRI, July 2016. Information provided by UNHCR KRI. Interview with Mokhtar, Baalbak Lebanon, July 2016. Interview with Intersos, Erbil KRI, July 2016. Interview with Yacoub, Sulimaniya KRI, July 2016. See section 2.1.1 of this report. RESEARCH REPORT 51

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