21 Furthermore, even when a person has a strong prima facie entitlement to Australian citizenship under s 21(8), they are likely to experience significant delays and administrative barriers throughout the application process, as there are no mandated timeframes for the acquisition of citizenship even when all criteria are met, and the final determination is based on the discretion of the Minister for Immigration, Citizenship and Multicultural Affairs.40 22 Those who are stateless but do not meet the requirements for citizenship can only reside, study and work in Australia (and exercise other rights attaching to citizenship) if they are eligible for a temporary or substantive visa or successfully obtain ministerial intervention.41 23 Generally, people who are unsuccessful in obtaining a visa are expected to return to their country of origin.42 However, stateless individuals are not nationals of their countries of origin and are therefore usually unable to return.43 This leaves stateless individuals who do not qualify for citizenship at risk of prolonged or indefinite periods of immigration detention. Statelessness in Australia – A Snapshot 24 There are many stateless persons in Australia, however exact figures are unknown due to a ‘lack of coordinated or consistent approach’ to recording such persons.44 25 According to the most recently available Department of Home Affairs (DHA) statistics, there were at least 4,025 recorded stateless persons in Australia as at July 2020. This includes: (A) (B) (C) (D) (E) 26 46 stateless persons in immigration detention;45 107 stateless persons in community detention;46 1,015 stateless persons on Bridging E Visas;47 2,104 stateless persons on Temporary Visas;48 and 753 stateless persons awaiting Temporary Visa determinations.49 These figures do not include stateless persons who arrived in Australia through the annual Special Humanitarian Program or the national Migration Program; nor do they include Permanent Residents or Permanent Protection Visas holders. As such, the true figure could be much higher. The lack of accurate statistical information available is further exacerbated by the lack of a formal procedure through which stateless people may be identified and protected, as addressed under Issue 1 below. 40 The Peter McMullin Centre on Statelessness in currently researching the legal and administrative barriers stateless children in Australia face in obtaining Australian citizenship, in partnership with the Refugee Advice Casework Service. See Katie Robertson ‘A Place to Call Home – Child Statelessness in Australia,’ Peter McMullin Centre on Statelessness, <https://law.unimelb.edu.au/centres/statelessness/research/research-projects/a-place-to-call-home-child-statelessness-in-australia> and Refugee Advice Casework Service, ‘Stateless Children Program,’ <https://www.racs.org.au/stateless-children-program>. 41 Refugee Council of Australia, Statelessness in Australia (August 2015) 14-15 < https://www.refugeecouncil.org.au/wpcontent/uploads/2018/12/1508-Statelessness.pdf>. 42 Ibid 14. 43 Ibid 14-15. 44 Foster, McAdam and Wadley, ‘The Protection of Stateless Persons in Australian Law: The Rationale for the Statelessness Determination Procedure’ (n 33) 416. 45 Department of Home Affairs (Cth), Australian Border Force, Immigration Detention and Community Statistics Summary (31 March 2020) 8 <https://www.homeaffairs.gov.au/research-and-stats/files/immigration-detention-statistics-31-march-2020.pdf> 46 Ibid. 47 Department of Home Affairs (Cth), Australian Border Force, Illegal Maritime Arrivals on Bridging E Visa (31 March 2020) <https://www.homeaffairs.gov.au/research-and-stats/files/illegal-maritime-arrivals-bve-march-2020.pdf>. 48 Australian Government, Department of Home Affairs, IMA Legacy Caseload, Report on Processing Status Outcomes (April 2019) 3 <https://www.homeaffairs.gov.au/research-and-stats/files/ima-legacy-caseload-oct-2019.pdf>. 49 Ibid 4. 6