Addressing statelessness in Europe’s refugee response
OVERVIEW OF THE CHALLENGES
You are tired, and you want to go somewhere to save yourself, but there is
nowhere to go.
-- Kuwaiti bidoon interviewed in the Netherlands
This section provides a process-based overview of the challenges emerging from the research. Each
country faces its own specific challenges, but five key common areas in which statelessness is
impacting on the forced migration context in Europe are highlighted here. Many of these relate to
issues that have been explored by ENS and its members from a statelessness lens, including the lack
of statelessness specific protection systems in Europe v, the prevention of childhood statelessness vi,
and the risk of arbitrary detention of stateless people. vii Building on this, the #StatelessJourneys
project for the first time approaches these issues from the perspective of forced migration trends in
Europe, examining the impact of statelessness on the refugee experience and the European
response to forced migration through this specific lens.
Registration
Failure to identify and register statelessness on arrival leads to registration with imputed or
‘unknown’ nationality.
The lack of a procedure to identify and register stateless people on arrival is leading to registration
with either imputed or ‘unknown’ nationality. Reasons for this included that there is limited
awareness of statelessness among officials; most States do not have a statelessness determination
procedure to which officials can refer individuals if they claim to be stateless; there is a lack of
available information about who may be stateless or at risk of statelessness, and a lack of training
and tools to facilitate identification and registration. Concerning practices stemming from this failure
to identify statelessness included officials conflating country of origin with country of nationality or
recording an imputed nationality based on language or accent, or new arrivals feeling pressurised
to ‘produce’ a nationality on demand. In some countries, appealing an incorrect assessment of
nationality is not possible; in others, the process to amend an incorrect nationality record can be
complex. Not identifying statelessness means that stateless people will not be afforded their rights
under international law, nor will their nationality status be factored into subsequent treatment by
the authorities. Imputed nationality can also have specific consequences with regards to return, for
example, or preventing childhood statelessness.
Refugee Status Determination
Statelessness being missed or inadequately addressed in international protection
procedures may lead to delays or a higher risk that protection is refused.
The failure to identify and register statelessness does not only affect the prospects of nationality
problems being addressed but can also have an impact on the outcome of refugee status
determination procedures. It was reported in some countries that the lack of identification can lead
to a higher risk of refugee protection being refused. Reasons for this included that doubts about a
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