2022
Statelessness & Citizenship Review
4(1)
territory. Such recognition of the shared parent–child aspect (where children may,
for instance, inherit or accrue entitlements, such as the legal right to enter and
reside in a country owing to a parent’s status there) has enabled an interpretation
where stateless children born outside the country of nationality or former habitual
residence of their parent(s) can be conceived, at the time of refugee status
determination, as having a country of former habitual residence within the
meaning of the refugee definition, notwithstanding that they have never before
resided in that territory. This is possible in the context of the forward-looking
assessment of concurrent yet individually assessed family claims that hypothesises
the child’s presence, together with their parent(s), in the country of former habitual
residence of their parent(s), in tandem with considerations of potential
returnability and risk of persecution upon return.
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