the expulsion, the person is obliged to leave the Schengen area. However, unless deferred implementation
is granted, the person can be deported before the appeal has been processed. The person is also registered
in the Schengen Information System (SIS) and cannot enter the Schengen area for a given period of time.148
3.4.2 Rights of persons recognized as stateless
3.4.2.1 THE RIGHT OF RESIDENCE
Although the 1954 Convention does not explicitly require States to grant a person determined to be stateless
a right of residence, granting such permission would fulfil the object and purpose of the treaty. This is
reflected in the practice of States with determination procedures. Without a right to remain, the individual
is at risk of continuing insecurity and prevented from enjoying the rights guaranteed by the 1954 Convention
and international human rights law.149
It is therefore recommended that States grant persons recognized as stateless a residence permit valid for
at least two years, although permits for a longer duration, such as five years, are preferable in the interest of
stability. Such permits are to be renewable, providing the possibility of facilitated naturalization as prescribed
by Article 32 of the 1954 Convention.150
In certain limited circumstances, a state might have discretion to provide a residence status that is more
transitional in nature where the person in question is able to acquire or reacquire a different nationality
through a simple, rapid, and non-discretionary procedure that is a mere formality or where the person
enjoys permanent residence status in a country of previous habitual residence to which immediate return is
possible.151 Importantly, these limited instances in which a state party might be able to transfer responsibility
to another state with which the individual has links are discussed in the context of the 1954 Convention.
The protections afforded stateless persons born in the territory are notably stronger, as the state in which
the person was born is obliged to give such persons its nationality if they would otherwise be stateless, as
discussed in more elsewhere in this report.
Recognition of an individual as a stateless person under the 1954 Convention also triggers the “lawfully
staying” rights, in addition to a right to residence. Thus, the right to work, access to healthcare and social
assistance, as well as a travel document must accompany a residence permit.152
As noted elsewhere in this report, current Norwegian practice does not provide for obtaining a residence
permit, whether temporary or permanent, on the ground of statelessness. Normally, only if a stateless
person has an independent ground to reside in Norway can he or she obtain a right to reside. If a stateless
asylum-seeker is denied asylum or subsidiary protection, the person will not have a right to reside and could
be deported to the country of origin.153 In some circumstances, unreturnable persons might be granted a
temporary residence permit.
Moreover, there is no provision in Norwegian law to grant a residence permit to a stateless child born in
Norway on the ground of his or her statelessness. This is the case even for a child born in Norway to parents
36
148
UDI, Case Procedure–Expulsion, available at: http://www.udi.no/en/word-definitions/expulsion/. See also NPIS‚ Bruk av
tvangsmidler etter utlendingsloven, available at: https://goo.gl/os7jyu.
149
UNHCR Handbook on Protection of Stateless Persons, para 147.
150
Ibid, para 148.
151
Ibid, para. 154. For more detail, see ibd, paras. 153-157.
152
Ibid, para 150.
153
Stateless persons who fall under the Dublin Regulation will also be returned to the country where they first applied for asylum.
Interview with UDI, 20 August 2012. As explained in Chapter 3.4.2.5, stakeholders and the authorities have expressed their concern
for stateless persons who cannot be deported despite such a decision, due to their statelessness.
M A P P I N G STAT E L E S S N E S S I N N O RWAY