UNDERSTANDING STATELESSNESS IN THE SYRIA REFUGEE CONTEXT  introduced the legal concept of “temporary protection” through the Law on Foreigners and International Protection and the adoption of a Temporary Protection Regulation.122 The Temporary Protection Status is in principle acquired on a prima facie, group-basis, by Syrian nationals, PRSs and other stateless persons originating from Syria.123 Therefore, all refugees arriving from Syria, including the ones who are undocumented, are in principle able to register. However, flaws in this procedure are being reported, meaning that not everybody has access.124 The Jordanian government issues biometric cards to all refugees living in its territory registered with UNHCR. Authorities initially provided a ‘white card’ (former Ministry of Interior (MOI) service registration card) but later decided to conduct a re-registration or ‘verification’ exercise of all Syrian refugees, and the criteria for obtaining the new MOI card are more stringent.125 ‘Bailouts’ or formal permission to leave the camps on a permanent basis could previously be granted to refugees in cases of family reunion outside of the camps with a kafala (sponsorship), from a Jordanian citizen, however the policy has been suspended since January 2015. The over 17,000 Syrian refugees who have left the camps since July 2014 without ‘bailout’ documents are unable to access the MOI service registration card and, consequently, cannot remain lawfully within the community. If detained by the police they will be returned to the camps. The number of Syrian refugees who are residing outside the camp without new MOI cards is currently estimated at around 157,000.126 Not having regularised their stay outside of the camp results in fear of approaching the authorities, including for birth or marriage registration, on account of fear of arrest, or at minimum being sent back to the camps. 3.1.3 INCONSISTENCIES AS TO WHICH SYRIAN DOCUMENTS ARE REQUIRED IN THE HOST COUNTRY Access to civil registration is largely decentralised, with the local level being the point of first contact. There is some inconsistency as to what documents these officials require in order to process civil registration applications. Sharia courts in Lebanon and Jordan, for example, have some discretion, particularly on what constitutes witness evidence. Mokhtars also operate, to some degree, at their discretion. In Lebanon, the discretion of the Mokhtar and religious court is linked to what they believe constitutes enough evidence to prove identity for individuals who lack official documents.127 There were therefore real discrepancies among those interviewed as to which documents were required – with some reporting very stringent conditions and others reporting very flexible requirements. For example, with regards to issuing a proof of marriage certificate, one Sharia court in Lebanon stated that they needed the ID, family booklet and health certificate from both sides, whereas another required ‘anything’ that proves the refugees’ identity.128 Sharia courts can also provide a document that is called Isbat Nasab –the ‘recognition of lineage’ for children. This is not a birth certificate but is a stamped document that states who 122 Applicable to foreigners who have been forced to leave their country, cannot return to the country that they have left, and have arrived at or crossed the borders of Turkey in a mass influx situation seeking immediate and temporary protection, Article 3(f) of Temporary Protection Regulation, 22 October 2014, available at: http://www.goc.gov.tr/files/_dokuman28.pdf. 123 Refugee Rights Turkey, Information booklet on registration and status for Syrian refugees and other persons under “Temporary Protection”: questions and answers, 2016, page 2. 124 Interview online with Daryl Grisgraber, May 2016, 125 To obtain the new MOI card Syrians must present their identity document, UNHCR Asylum Seeker Certificate (ASC), a health certificate and proof of address. Any refugees who left the camps after July 2014 must additionally show proof that they have been legally ‘bailed out’ of the camps. No bailout certificates have been issued since January 2015. For more information on the situation of accessing residency permits in Jordan see, NRC and IHRC, Registering Rights, supra n12. 126 Interview with NRC ICLA, Jordan, July 2016. As of August 2016, out of the 520,000 refugees registered with UNHCR as living outside the camps, nearly 363,000 had obtained new MoI cards and around 157,000 had not. At least 17,000 additional refugees are ineligible to receive new MoI cards having left the camps without formal ‘bailout’ documents. However many thousands of refugees have lost contact with UNHCR over time and some of them may have left Jordan. 127 According to Article 11 of the Law on the Registration of Personal Status of 1951. 128 Interviews with Sharia Courts, Baalback and Tripoli Lebanon, May 2016. RESEARCH REPORT 29