2016]
The Prevention and Reduction of Statelessness in Australia
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V I C O N C LU S I O N
In this article, we have undertaken a detailed examination of Australia’s
compliance with the 1961 Convention. As we have established, despite
relatively early ratification and a recently renewed commitment by Australia
to ‘minimis[e] the incidence of statelessness’,304 Australian law fails to fully
implement its international obligations both in terms of laws determining
acquisition and those permitting deprivation of citizenship. Our analysis
focused on laws relating to the deliberate deprivation and constructive
renunciation of citizenship, as well as more latent barriers to nationality, such
as birth registration. A major finding is that despite apparent assumptions to
the contrary, recent amendments to the Citizenship Act have in fact created
new risks of statelessness. Just as is the case in relation to the identification
and protection of stateless persons pursuant to the 1954 Convention, Australia
remains a long way from giving effect to the pledge it made six years ago to
minimise the occurrence of statelessness and to improve the lives of stateless
persons in Australia. The predicament of stateless persons in Australia has
historically been overlooked and under-researched. It is hoped that the
research presented in this article, together with its companion piece, may
contribute to a greater awareness and interest in this important issue.
304
UNHCR, Pledges 2011, above n 63, 49.