PART 2: STATELESSNESS IN AUSTRALIA
Australia has resettled stateless persons since at least World War II and ratified the relevant
treaties comprising of ‘international stateless law,’ discussed further below.xl Yet, as noted in this
Report above, little is understood about statelessness in Australia and significant gaps exist in
protection for stateless people.xli In the absence of a specific visa category or other pathway to
permanency for stateless people in Australia, many are left with the only option of seeking
protection through an increasingly limited domestic refugee law framework, which seeks to
punish and deter stateless refugees who arrived by boat to Australia seeking asylum.xlii
It is a common misconception that anyone born in Australia automatically becomes an Australian
citizen; this is not the case.xliii Despite not providing for birthright citizenship, Australian law does
provide the ability for stateless children born in its territory to apply for citizenship, thus ending
inter-generational cycle of statelessness within families and allowing these children to access a
myriad of essential rights they would otherwise be excluded from enjoying. The problem is that
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