Executive summary “I don’t have a country. I am trying to find a country to belong to.” — Hassan* To be stateless means that no country in the world recognises your right to legally belong. Millions of people are stateless globally, leaving them vulnerable to discrimination and exclusion. Without nationality many stateless people struggle to access basic human rights such as access to education and healthcare. Despite the fact that stateless people have for decades sought protection in Australia—in some years in considerable numbers—they are for the most part not officially ‘counted’ or recognised by government agencies. Not only does this suggest a protection gap for stateless people in Australia, but it presents a serious challenge to robust, transparent and principled public administration. This Report documents the findings and recommendations of the first comprehensive study of statelessness in Australia. It rests on the hypothesis that the failure officially to account for stateless people does not obviate the need to acknowledge, assess and otherwise respond to their arrival and/or presence and that it is both necessary and possible to develop a coherent framework to address statelessness in Australia. Understanding the nature and scope of the challenge in Australia is a crucial first step towards developing such coherence. Our comprehensive approach, involving analysis of hundreds of tribunal and court decisions, and 94 interviews with a range of stakeholders including with lawyers, health workers, policy experts, community workers, the UNHCR Multi-Country Office Canberra officers, government department officers and people with lived experience of statelessness, represents one of the most comprehensive studies of statelessness globally. It thus provides a rich source of insight into and understanding of statelessness in Australia and ensures that our findings and recommendations are robust, considered and defensible. *All names marked with an asterisk (*) indicate a pseudonym. 6 Peter McMullin Centre on Statelessness | Understanding Statelessness in Australia Overview of key findings identified: The following key findings were identified through a thematic analysis of the data. A complete summary of all findings identified in this Report can be found in the Conclusion. 1. There are numerous stateless people in Australia, however statelessness is not well understood, acknowledged or visible. Better systems are required to adequately identify stateless people and understand and respond to their protection needs. 2. The experience of stateless people in Australia is not homogenous: Stateless people’s experience is significantly shaped by their visa category. 3. Stateless people experience multiple, complex and interrelated legal issues. 4. Stateless people are not adequately protected in Australia. 5. Statelessness has a profound and detrimental impact on people’s lives. 6. Many stateless people experience systemic exclusion in Australia. 7. Australia is failing to successfully facilitate resettlement for stateless people. 8. Australia’s inadequate protection framework for stateless people is dysfunctional and places an undue burden on support services. 9. Australia’s legal framework for protecting and assessing stateless people is inadequate, fragmented and reactive. It requires immediate reform. 10. Adequate and accessible naturalisation processes for stateless people are essential for meaningfully addressing the protection gap that exists in Australia.

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