Understanding and Addressing Statelessness in the UK Compared to Australia
The following table demonstrates how further progressed the UK is on this issue.
Issue
Ratified key international
statelessness treaties?
The 1954 Convention
relating to the Status of
Stateless Persons and the
1961 Convention on the
Reduction of Statelessness
National mapping study of
statelessness conducted?
Statelessness Determination
Procedure?
Pathway to naturalisation?
UK
Yes: both.
Australia
Yes: both.
Yes. Published 2011.
In progress. One currently
being undertaken by the Peter
McMullin Centre on
Statelessness, due to be
complete by late 2024.
Yes. Entered into force 6 April 2013. No.
Yes.lxxxiv If a statelessness
application is granted, applicant and
any dependent family members
usually granted permission to stay
in the UK for five years. After five
years of statelessness leave, an
application can be made for
indefinite leave to remain in the
UK.lxxxv
Limited to children born in
Australia to parents who are
stateless.lxxxvi No pathway for
non-Australian born stateless
adults by virtue of their
statelessness (i.e. no visa for
stateless persons).
The past decade within which the UK’s SDP has been in operation also provides Australia with an
opportunity to learn from individuals and organisations who have experience navigating the
procedure, with an aim to understanding how the UK system could be improved. There have been
a number of ongoing concerns identified with the UK SDP’s operation and implementation. lxxxvii
These concerns were also emphasised by many of the organisations and individuals I met with
during the UK leg of my Fellowship. An audit conducted by the UNHCR of the UK’s SDP identified
a range of concerns,lxxxviii including:
Long delays in decision making (there is no time limit on when a decision must be made on
a stateless applicationlxxxix);
Issues with the quality of decision making; and
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