examining the potential challenges | 10.1163/22131035-14020001
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part – temporary visa applications and asylum claims, as well as to screen
naturalisation applications.7 While the push for technology infusion in the
public sector offers increased efficiency and speed, it also carries the risk of
jeopardizing human rights and exacerbating subtle systemic biases that could
lead to discriminatory outcomes.8 There are also concerns about exploiting
vulnerable persons,9 and reducing transparency, particularly due to the ‘black
box’ nature of some ai machine learning systems. These types of ai systems
are unable to offer any reason or suitable explanation for their decisions.10
The possibility of deploying ai in the determination of statelessness has
not gained much attention, and it remains under-examined within human
rights scholarship and policy discourse. Drawing on scholarly literature
examining the use of ai in the migratory context, this article fills this research
gap. It first focuses on a theoretical scenario in which ai completely replaces
human decision-makers in the determination of an individual’s stateless status
and evaluates the potential human rights challenges that could arise if that
happens.
Statelessness determination is the decision-making process that involves
identifying States to which a person has connections and then assessing if any
of those States recognise a person as a national, either in terms of legislation
or practise. If an individual is not recognised as a national of any state, then
that person can be recognised as stateless and receive their protection in
accordance with the Convention Relating to the Status of Stateless Persons (1954
Convention).11
Theoretically this article argues that fully replacing human decisionmakers with ai algorithms risks reinforcing and exacerbating existing
challenges, potentially leading to violations of the rights of stateless persons
to recognition and protection, as guaranteed under the 1954 Convention. I shall
focus on the following human rights concerns. First, due to the unique security
vulnerabilities associated with ai, it has the potential to heighten privacy risks
for stateless persons. Secondly, if ai systems are trained on incomplete data
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Awotula, (n 2) at 3, 8–9.
Patrick C Aloamaka and Moses O Omozue, ‘ai and Human Rights: Navigating Ethical and
Legal Challenges in Developing Nations’ 2024 6(2) Khazanah Hu kum 190.
Niamh Kinchin and Davoud Mougouei, ‘What can Artificial Intelligence do for Refugee
Status Determination? A Proposal for Removing Subjective Fear’ (2022) 34(3–4)
International Journal of Refugee Law 376.
Vikas Hassija and others, ‘Interpreting Black-box Models: A Review on Explainable
Artificial Intelligence’ (2024) 16 Cognitive Computation 46. For an explanation of the black
box nature of some ai models, see sect on procedural fairness.
Solomon Momoh, Statelessness Determination Procedures and the Right to Nationality:
Nigeria in Comparative Perspective (Taylor & Francis Ltd, 2024) 110.
International Human Rights Law Review (2025) 1–31