From Syria to Europe: Experiences of Stateless Kurds and Palestinian Refugees from Syria Seeking Protection in Europe
Accessing protection in Europe
Across a number of the interviews conducted for this study, stateless Syrians recounted difficulties in their
journey to Europe and access to the asylum system as a result of being ‘held up’ or ‘stuck’ on the Greek
islands while Syrian citizens were able to pass more easily to mainland Greece and/or had their claims
processed more quickly. A lack of access to resettlement pathways for stateless Syrians was also identified as
contributing to discrimination against those from Syria without nationality in accessing protection. The
restrictions encountered prompted some of those interviewed to find alternative means to reach Europe,
including illegal border crossings and enlisting the services of smugglers.
Registration as ‘stateless’
The study highlighted the disparity in state practice when it comes to the identification and registration of a
refugee as ‘stateless’. Some were registered correctly as stateless while others were recorded with an imputed
nationality (i.e. listed as Syrian citizens) and yet others in the Netherlands were recorded as having an
‘unknown’ nationality, due to the high evidentiary threshold for ‘proving’ statelessness. Within the same
family or even across different registration processes for the same individual, statuses vary. This can not only
obstruct the enjoyment of targeted assistance that would be available for persons recognised as stateless, but
also frustrates the ability of the authorities to gain an accurate picture of the scale of the problem of
statelessness within the wider refugee population.
Family reunification
The failure to suitably account for a stateless Syrian’s specific circumstances has also led to discrimination in
the enjoyment of the right to family life: family reunification procedures that are available to all refugees
from Syria are not always accessible in practice to those who experience statelessness. In the absence of a
family book documenting a person’s ties to family members who remain behind in the MENA region,
stateless Syrians are asked to undergo DNA testing to establish these links. However, testing facilities are
only available in certain locations, which stateless Syrians may struggle to access, meaning that families are
delayed in or have to undertake illicit travel to complete family reunification.
Naturalisation
Access to naturalisation is an important channel to a durable solution for stateless people and the availability
of facilitated naturalisation for stateless persons in some European countries is beneficial to the longer-term
prospect of integration and stability – as well as being a requirement of the 1954 Convention relating to the
Status of Stateless Persons. However, due to the failings in the registration process which leave some stateless
Syrians recorded as Syrian citizens or as being of ‘unknown’ nationality, not all refugees who should be able
to benefit from this facilitated procedure will be considered eligible. Moreover, the availability of a special
regime that enables stateless persons to naturalise more quickly than other refugees appears to not always be
understood by the relevant authorities, prompting misinformation and delays.
Avoidance of childhood statelessness
Another special set of regulations from which stateless refugees can benefit is facilitated access to nationality
for children born in the host state. Safeguards to ensure that childhood statelessness is avoided allow for
conferral of nationality to stateless children born on the territory – but in practice these safeguards can often
only be implemented if parents’ statelessness is identified and acknowledged. The registration of stateless
Syrians as either Syrian citizens or being of ‘unknown’ nationality obstructs the implementation of such
safeguards.
The primary underlying and cross-cutting challenge that exists with respect to providing appropriate
assistance to stateless Syrians in the asylum context in Europe is ensuring that their statelessness is
accurately identified and that related policies and procedures are appropriately tailored to account for their
specific circumstances as individuals without a nationality. This means that awareness raising among
officials and key stakeholders about the profiles and specific needs of stateless Syrians must be prioritised.
This study contributes to the identification of the gaps that are contributing to discrimination against
stateless refugees on the basis of their lack of nationality. It is important for the EU and its Member States to
recognise the presence of stateless refugees among those seeking protection in the region and to work to
address those areas of policy and practice that are hampering their enjoyment of the support and rights that
they are entitled to.
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