Contents Acknowledgements 5 Executive summary 6 Chapter 1: Introduction and methodology 9 1.1 Methodology 10 1.1.1 Statistical research 11 1.1.2 Doctrinal research 12 1.1.3 Empirical research and thematic analysis 12 Chapter 2: Legal framework 17 2.1 International framework for addressing statelessness 17 2.2 Domestic legal framework for addressing statelessness in Australia 17 2.2.1 Legal framework for nationality 17 2.2.2 Visa status of stateless people 18 2.2.3 Immigration policy context 18 2.2.4 Viewing citizenship through the lens of migration rather than as a tool of inclusive ‘nation building’ 19 Chapter 3: Profiles of stateless people in Australia 21 3.1 Introduction 21 3.2 Current available information about stateless people in Australia 22 3.2.1 Number of stateless people in Australia 22 3.2.2 Number of stateless people currently in Australia on a visa 24 3.2.3 Profile of stateless people in Australia 25 3.2.4 Stateless children and young people 27 3.2.5 Stateless people in detention including stateless children 27 3.2.6 Stateless people who have obtained Australian citizenship 29 Chapter 4: The protection gap for stateless people in Australia 33 4.1 Statelessness is not well understood, acknowledged or visible in Australia 33 4.1.1 Statelessness is defined and understood in different ways by different stakeholders, particularly in the absence of a statutory definition of statelessness 33 4.1.2 There is a lack of data about statelessness (often resulting in services approximating or attempting to triangulate statistics from unverified sources) 34 4.1.3 Statelessness is not well understood within government agencies and relevant service providers 35 4.1.4 Stateless people are not visible in policy and programs 36 4.2 Stateless people experience multiple, complex and interrelated legal issues 37 4.2.1 Stateless peoples’ legal journeys through Australian courts and tribunals is complex 38 4.2.2 ‘Proving’ statelessness in the absence of a statutory framework is challenging 38 4.2.3 A ‘relentless’ reassessment of a stateless person’s identity with real and detrimental impacts 41 4.2.4 Consequences of findings about statelessness 43 4.2.5 Access to justice issues and barriers to legal assistance 43 4.2.6 The Migration Act as a ‘further tool of family violence:’ The system places stateless victims of family violence at increased risk of harm 43 4.2.7 Lengthy delays in processing applications for visas and citizenship with no mandated timeframes or updates provided to applicants 44 Understanding Statelessness in Australia | Peter McMullin Centre on Statelessness 3