The recognition provided for in para. 7 is the result of the common agreement to recognize
mutually such documents for what they are -substitutes for national passports, in which
case no other obligation is usually assumed than to consider the person who carries it as
the bearer of a document which, if properly issued, authorizes him to travel. Paragraph 8 of
the Schedule takes care of the problems of admission. In other words, other parties cannot
question the right of a Contracting State to issue a document if this is done under the
powers granted to it by Article 28, even if, in their estimation, the person is not a “stateless
person” in the sense of the Convention, as long as the document was issued legally.
(6)
Under para. 9 any Contracting State is obligated to issue to stateless persons transit
visas through their territory, once the travel document carries an entry visa to a country which the
stateless person can reach through that state. It is doubtful whether para. 9 goes so far as to
obligate a state to issue a transit visa if the country of final destination can be reached more
easily through another country. On the other hand, the possession of a visa for a territory of final
destination cannot always be requested, as para. 8 explicitly states that such a visa is to be
affixed only if required; therefore, if the country of final destination does not require a visa, the
transit country must issue a transit visa, once the stateless person can prove admission to the
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country of final destination.
Subpara. 2 of para. 9 assimilates stateless persons, in regard to the issuance of transit
visas, to “any alien”. The wording is different from Article 7 (1) of the Convention, but the
sense is apparently the same: the assimilation is to the alien enjoying the least privileges.
(7)
Paragraph 11 is an extension of the provisions of Article 28 relating to the issuance of
travel documents. Under Article 28, first sentence, the obligation to issue a travel document rests
upon the stateless person’s state of residence; therefore, when a stateless person changes his
residence, he changes the state which, under Article 28 is called upon to issue his travel
document. The purpose of para. 11 is to turn this logical conclusion into an explicit provision so
as to prevent the issue of several travel documents to one and the same stateless person by
different authorities of different countries, and to make clear on which authority the duty to issue
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the document devolves. If the state of the new residence refuses to issue a travel document,
the stateless person may turn to that of his old residence under para. 6 (3) of the Schedule.
(8)
In deviation from the wording of para. 13 of the Schedule attached to the Refugee
Convention under which the issuance of a travel document obligates the issuing state to readmit
the refugee within the period of the validity of this document, the Ad Hoc Committee on Travel
Documents has set no specific time limit during which the right to return was ensured. It was done
on the basis of a practice by some states which issue travel documents without mentioning the
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right to readmission. The conference changed the proposal on the strength of a British
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amendment, which sought to grant the stateless persons a period of no less than three months
during which the holder of the travel document would be guaranteed the right to return to the
country of his residence; an exception to this guarantee would be permitted, when the country to
which the stateless person proposes to travel does not insist on such guarantee. This is the
meaning of para. 13.
Paragraph 13 may, on the face of it, create a problem in the instance dealt with in the
second sentence of Article 28 (1) and in para. 6 (3). In these cases the issuing state is not
the one in which the stateless person lawfully resides; therefore, it is ordinarily not under
any obligation to readmit him. However, under para. 13, this state by issuing a document
with a guaranteed period of return would undertake to readmit the refugee, at least within
three months. This was not an oversight on the part of the conference. The same provision
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Paragraph 9 in the Refugee Convention was copied from Article 11 of the 1946 Agreement whose Article 10 provided
for an obligatory entry visa.
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Refugee Conference, SR.32, p. 10.
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SR.11, p. 16.
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E/CONF.17/L.18.