Further, a stateless person qualifies as a refugee if he or she ‘owing
to external aggression, occupation, foreign domination or events
seriously disturbing or disrupting public order in either a part or the
whole of his or her country of origin or nationality is compelled to
leave his or her place of habitual residence in order to seek refuge
elsewhere’.132 Dependents of refugees are also protected in the Act
with refugee status.
Yet there remain challenges for access to refugee status for
stateless persons. In part, this stems from the limited space in
asylum applications to explain issues of statelessness or complex
nationality issues. In part, it stems from applicants’ lack of
awareness that deprivation of nationality is relevant in the context
of refugee status. Applicants themselves are often not aware that
they have in fact lost their nationality at all – particularly when it
was the result of an amendment to the citizenship law that
rendered them stateless unbeknownst to them. Thus Home Affairs
officials need to be trained on nationality issues as they relate to
refugee claims, so that they can assist clients with protection needs
who may not understand how their experience relates to
persecutory nationality law and implementation.
Rejection of stateless refugees’ applications is also a result of the
lack of awareness on behalf of refugee status determination officers
(RSDOs), the Standing Committee of Refugee Affairs (SCRA) and
the Refugee Appeal Board (RAB) of complex citizenship scenarios
and country of origin information regarding the denial of
nationality to specific groups or types of persons. LHR has seen
stateless people approaching its offices in order to change the
nationality listed on their asylum permits; for example, Palestinians
born in Iraq whose nationality is recorded as ‘Iraqi’ or people of
Burundian descent born in Tanzania whose nationality is recorded
as ‘Tanzanian’ and who are in fact not recognised as nationals in
either country.
Finding a solution for clients: immigration status and citizenship
himself or herself of the protection of that country or, not having a
nationality and being outside of the country of his or her habitual
residence is unable or, owing to such fear, unwilling to return to it.131
There are scores of asylum-seekers in South Africa from Ethiopia,
Eritrea and Zimbabwe who have had their nationality arbitrarily
withdrawn – in clear violation of international law – as a result of
their perceived race or nationality. This includes those of Eritrean
ethnicity in Ethiopia who are presumed by Ethiopia to have
acquired Eritrean nationality during that state’s succession. Some
15 000 Ethiopians expelled to Eritrea are not accepted as Eritrean
nationals.133 Those of foreign descent who were born in or resided
in Zimbabwe, but were stripped of their citizenship in 2001 for
131 Section 3(a) of the Refugees Act
132 Section 3(b) of the Refugees Act
Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide
99
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