Key finding Stateless children with access to quality legal assistance, specifically lawyers with expertise in navigating the citizenship process (including how it interacts with a child’s immigration status) have better progressed citizenship claims than those who do not. For those without quality legal assistance there are often misunderstandings regarding the evidential requirements or the imperative to respond to requests which have deadlines bound by legislation. This demonstrates the critical role that RACS’ Stateless Children Project plays in this process, and the need for accessible, free legal assistance for these children generally. The Legal Needs, Barriers, and Gaps Experienced by Stateless Children in Australia Initial research conducted as part of the ‘A Place to Call Home’ Project indicates – Key finding Parents of stateless children are unlikely to know their child has a potential claim to Australian citizenship — they find out when or if their lawyer proactively flags this with them. Key finding There are many — potentially dozens — of stateless children in Australia with a prima facie entitlement to Australian citizenship, who are not aware of this entitlement, or in contact with a specialised legal service for assistance. Often this occurs inadvertently, in the course of a lawyer providing the family with advice about their refugee status. The consequences of not knowing about this entitlement to Australian citizenship mean that these children remain at risk of removal to Nauru or in limbo on the temporary visa. There is a clear need for greater legal assistance for stateless children in Australia, and targeted funding for dedicated legal support for these children. Targeted outreach in the form of community legal education is needed to inform families about this right, and link them with the RACS’ Stateless Children Project for legal assistance. There is currently no clear or centralised data regarding how many stateless refugee children are in Australia, and their location. The Peter McMullin Centre on Statelessness and RACS are currently researching stateless populations in the Greater Sydney region with the aim of connecting them to the Stateless Children Project. Key finding There are a number of stateless family groups in the Australian community who have not yet made a connection with a lawyer about their child’s potential entitlement to citizenship. Further outreach and funding is required to locate, educate, and assist these children and their family members. Key finding Parents of stateless children are unlikely to be able to navigate the citizenship process without access to free legal assistance, from lawyers with specialised knowledge. ‘Without access to free legal support, this process would be very difficult; I don’t think we could do it on our own.’ In 2022, the Peter McMullin Centre on Statelessness will engage in a broader mapping project of stateless persons in Australia. It is hoped that further children with a potential entitlement to Australian citizenship will be identified and connected with appropriate legal assistance. — Aisha, stateless Rohingya mother of one This is particularly the case where the child and his or her parents may have visa applications on foot, or be holders of a TPV, to ensure any application for Australian citizenship is consistent with the child’s refugee status determination. ‘We would never have known about, or been able to navigate the citizenship process without a lawyer. Accessing free legal advice has been essential for us.’ — Muhammad and Sumaiya, stateless Rohingya parents to three children The Legal Framework © Katie Robertson 14 The Legal Framework 15