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

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