1.1 Methodology
The international legal definition of statelessness is found in the 1954 Convention, which
provides that a stateless person is a “person who is not considered as a national by any
State under the operation of its law.” This definition informs the scope of this research
study. While this Project is accordingly focused on de jure statelessness, we acknowledge
the documented difficulties and limitations that arise in the application of the international
definition.7 Furthermore, as our research in this study indicates, experiences of statelessness
are diverse and complex. Not all people living in Australia who identify as stateless may
meet the international legal definition. Bureaucratic labels governing who is and who is
not considered ‘stateless’ can be fraught, and indeed harmful to those who may identify as
stateless outside the scope of the legal definition. Equally, those who meet the international
legal definition may reject it as an inaccurate representation of their identity and connection
to community and sense of identity.8 While limiting the scope of our research in this instance
to the international legal definition, we acknowledge the complexity and nuance of the lived
experience of statelessness and the concept more broadly.
A stateless person is
a “person who is not
considered as a national
by any State under the
operation of its law.”
The research undertaken for this study consisted of three components:
1
2
3
Statistical analysis
of the available numerical data on stateless people in Australia.
Desk-based
doctrinal analysis
Interviews
with key informants from relevant government, judicial and
non-governmental entities (‘stakeholders’) and interviews with
a sample of affected individuals in Australia (‘stateless participants’).
10 Peter McMullin Centre on Statelessness | Understanding Statelessness in Australia
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