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10.1163/22131035-14020001 | enigbokan
on stateless persons, they may reinforce the biases of their human developers,
thereby compounding existing inequalities and undermining fair outcomes.
Thirdly, given that ai lacks the empathy component and ethical awareness
characteristics of humans, there is a concern that procedural safeguards,
which are essential in administrative decision-making, may be compromised,
particularly in cases involving child applicants. Lastly, ai algorithms may be
ill-equipped to navigate the complexities of nationality law, which could result
in poor decision-making leading to the non-recognition of stateless persons
with all the concomitant harms to fundamental rights that involves. Given
the potential for future advancements in ai, these arguments are based on its
current capabilities and limitations.
Despite the concerns highlighted, the use of ai in the statelessness
determination process should not entirely be dismissed, as it can help address
delays that often result in significant consequences, such as restricted access to
basic rights and prolonged uncertainty for individuals awaiting recognition.12
Given ai algorithms’ ability to quickly process large volumes of data that would
take humans much longer to analyse, this study argues that ai should not
replace human decision-making but complement it. I suggest ways in which ai
can assist human decision-makers in handling non-complex tasks that do not
involve the determination of an individual’s stateless status – thereby avoiding
the complete replacement of human decision-makers. However, it is argued
that the partial use of ai may still raise human rights concerns, such as privacy
and propose strategies to mitigate these potential risks.
Following this introduction, the article is structured in four main sections.
The section 2 explores core normative concepts. It defines the term ‘stateless
person’ and briefly examines the underlying causes and the consequences
of statelessness. It also defines ai and ai machine learning. The section 3
explores scholarship that advocates for the application of human rights
frameworks in ai governance and provides the rationale for adopting a human
rights approach in this study. In addition, this section examines the potential
human rights challenges that may arise from using ai algorithms as a complete
replacement for human decision-makers in statelessness determination
and the adverse effect this could have on stateless persons. The section 4
examines the possibility for the partial use of ai to assist human decisionmakers with non-complex tasks in the statelessness determination process,
while ensuring that statelessness determination remains the responsibility of
12
European Union Agency for Asylum, ‘Statelessness in the asylum context’ Asylum report
<https://euaa.europa.eu/asylum-report-2020/711-statelessness-asylum-context> accessed
30 September 2025.
International Human Rights Law Review (2025) 1–31