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to have rights’ in a system of sovereign nation-states.197 But, formally, a refugee will often retain the nationality of
their country of origin. Some refugees may also be de jure (in law) stateless, as is recognized in the definition itself
in the reference to a person ‘who, not having a nationality and being outside the country of his former habitual
residence’. However, it is not necessary for a refugee to also be stateless. As the preamble to the Convention Relating
to the Status of Stateless Persons 1954 (‘Stateless Persons Convention’) observes, there are many stateless persons
who are not refugees. Indeed, many are stateless within the country in which they were born and still reside.”
197
Arendt, H. (2017), The Origins of Totalitarianism, London: Penguin, p.388
The refugee definition in the 1951 Convention relating to the Status of Refugees [see footnote for definition in the 1951
Convention15] requires an element of persecution whereas the stateless person who is not persecuted falls under the 1954
Convention – though that division can be unclear.16
Where a State or the UNHCR makes a refugee status determination, it should include a finding on whether or not a
person could be stateless. However, refugee determination decision-makers may need to speak with foreign officials
about applicants, which could jeopardise the confidentiality to which refugees and asylum seekers are entitled. When this
occurs, UNHCR recommends, the determination of refugee status must go forward, and consideration of the statelessness
claim must be put on hold.17
Statelessness in Country of Origin Information (COI)
In recent years there has been a growing recognition among actors working in the fields of international protection and
statelessness that COI on statelessness does not meet the needs of those who may seek to use it, including decision
makers, lawyers, and stateless persons. A UNHCR audit on statelessness determination in the UK published in 2020 “notes
the limited availability of country information on statelessness”, and at the same time highlights the important role that
COI can play in determining statelessness claims.18 Findings from the audit led the UNHCR to recommend that “Relevant
Home Office COI reports should include a section on ‘nationality and citizenship’”.19
Meanwhile, in its thematic review of U.S. Department of State Country Reports on Human Rights Practices, ARC Foundation
drew attention to multiple deficiencies in the information presented on statelessness, including omissions or incomplete
information on:
•
•
•
•
•
The relevant laws and legal obligations these entail
Law and policy in practice, including registering of births
Profiling who the people most at risk of statelessness are
The situation and treatment of stateless persons by the state and non-state actors
The livelihood possibilities as well as access to basic services (e.g. documentation, health care, education, housing
etc.) for those considered or classified as stateless.20
15 UN General Assembly, Convention Relating to the Status of Refugees, 28 July 1951, United Nations, Treaty Series, vol. 189, Article 1, “For the
purposes of the present Convention, the term “refugee” shall apply to any person who:[...] owing to well-founded fear of being persecuted for
reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is
unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside
the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.”
16 Colin Yeo: Refugee Law, 2022, pp.78-79
17 See for example para 79 of the UN Handbook on Protection of Stateless Persons, Geneva, 2014
18 UNHCR, Stateless Determination in the UK: A UNHCR audit of the Home Office approach to decision-making in the Statelessness
Determination Procedure, see p.. 35, 2020
19 UNHCR, Stateless Determination in the UK: A UNHCR audit of the Home Office approach to decision-making in the Statelessness
Determination Procedure, see p.. 10, 2020
20 ARC Foundation, Thematic Review, September 2021
Explanatory note
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