As a starting point, it is therefore important to note that Australia is lagging behind like countries
when it comes to addressing the critical human rights issue of statelessness.
Recommendations
Australia has a long history of welcoming stateless people to Australia. However, poor awareness
and understanding of the issue within decision-making bodies, government and the general public,
combined with a lack of formal legal protections for stateless children and adults (including the
absence of a SDP akin to that in operation of the UK, or a visa category or pathway to naturalization
for stateless people born outside of Australia) presents significant difficulties for meaningfully
addressing and reducing statelessness in Australia.
Australia should:
(i)
Implement a legislative statelessness determination procedure which is fair, effective
and accessible to all persons in Australia regardless of their legal status. This includes
funded access to interpreting services and legal support;
(ii)
Introduce a dedicated visa category for all stateless persons, regardless of their mode
of arrival in Australia, providing them with permanent protection and a pathway to
naturalization;
(iii)
Expand the eligibility of Australian citizenship to all stateless persons in Australia,
regardless as to whether they were born on Australian soil; and
(iv)
Develop a working group between government and legal service providers and other
peak-body organisations (including stateless lead organisations) to regularly,
constructively and productively meet and discuss issues impacting stateless people in
Australia.
Katie Robertson
The 2022 Dorothy and Brian Wilson Churchill Fellowship to investigate best practice models for
providing legal education and aid to stateless children
Director - Stateless Legal Clinic
Associate Director – Peter McMullin Centre on Statelessness
W: https://law.unimelb.edu.au/centres/statelessness/engage/stateless-children-legal-clinic
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