17 | Training handbook . Statelessness 1. Introduction 2. Guidance 3. Legal context 4. Research strategy (...) 5. Appendices However, it is important that you do not apply provisions of foreign law selectively or in isolation from other relevant law or practices because you need to make a decision based on all the evidence available. 403. The requirements for leave to remain in the United Kingdom as a stateless person are that the applicant: • has made a valid application • is recognised as a stateless person by the Secretary of State in accordance with paragraph 401 You will need to assess the evidence provided in the application to consider the way in which • has taken reasonable steps to facilitate admission statelessness may have arisen. An understanding to their country of former habitual residence or any of the particular circumstances of the case will other country but has been unable to secure the assist in making appropriate enquiries with relevant right of admission national authorities and in reaching an informed decision. A person may be stateless, or become • has obtained and submitted all reasonably available evidence stateless, because they have: • has sought and failed to obtain or re-establish their • never held a nationality and have always been nationality with the appropriate authorities of the stateless relevant country • acquired and subsequently lost a nationality • if, in the case of a child born in the UK, has provided • been denied a nationality by the national evidence that they have attempted to register their authorities of their country of former habitual birth with the relevant authorities but have been residence despite providing evidence refused. • voluntarily renounced a nationality • not registered for a nationality to which they The meaning of ‘admission’ in para 403 has been are entitled having been born outside the defined in UK case law R(AZ) v SSHD (statelessness “admissible”) [2021] UKUT 284 (IAC). It was country of their parents’ nationality • genuinely been unable to provide evidence that determined that ‘admissible’ does not need to they are a national of their country of former incorporate permanent residence. If a person will be admitted to a country where they can live, even if that habitual residence means living without the normal rights of citizens and Exclusions are set out in Rule 402 of Part 14. The ones with no path to permanent residence, that can be that affect most applicants – are where they are: enough to exclude them from Part 14 statelessness leave. (c) receiving protection or assistance from UN agencies. This applies mainly to Palestinians who Establish nationality have been under the protection of UNRWA in Gaza, West Bank, Syria, Jordan and Lebanon. The wording is not aligned to the statelessness (d) recognised by the competent authorities of conventions, nor to UNHCR guidance. The correct the country of their former habitual residence wording, for good reason, is for a person to evidence as having the rights and obligations which are whether or not they have acquired a nationality, or are attached to the possession of the nationality of recognised as a national by any state. This wording is unclear since ‘establish’ has no technical meaning in that country. (e) You need to at least reference the other 3 nationality law. exclusion clauses (fault-based) but in fact the HO uses part 9 generally to refuse part 14 leave. © Asylos, 2023 Back to contents