This lack of understanding affects decision-making, service provision,
and advocacy efforts, as statelessness-specific needs are often
overlooked or misunderstood. Lack of knowledge and information
about statelessness, including accurate country-specific information
pertaining to stateless groups can contribute to a reluctance
by decision makers to engage in questions of statelessness or
determinations of statelessness.
“You’d think it would be easier to try and determine whether they
were stateless based on the laws of the countries, but … perhaps
they feel like it’s such a loaded decision to make that someone’s
stateless—they (the Department) might not want to go there
because of the lack of understanding around it and the lack of
guidelines around it.”
— Australian Legal Practitioner
4.1.4 Stateless people are not visible
in policy and programs
Statelessness is rarely addressed explicitly in Australian migration
policy or service delivery program guidelines. Support for
stateless people often inadvertently sits under the umbrella of
refugee service provision despite the fact statelessness is distinct
from refugee status and that stateless people may have distinct
vulnerabilities and needs.
Administrative invisibility and barriers
Stateless people (and those assisting them) often experience
administrative barriers in instances where government forms require
an applicant to list their nationality, yet the category of ‘stateless’
is not recognised or available. This is compounded in instances
where the Australian government requires a person to complete an
application using an electronic, rather than paper application form.
For example, stateless adults applying for Australian citizenship are
required to complete a ‘1300t Application for Australian Citizenship’
form online, through their Immiaccount. The application requires a
certain number of identification documents to be uploaded to the
application portal (and assumes the applicant is technologically
literate, something stakeholders interviewed for this Project
identified as a challenge for many older stateless people in Australia
who have lacked any formal education). Once uploaded, each
document requires that the applicant state their ‘nationality’ as listed
on the identification document, by choosing from a mandated ‘drop
down’ selection of nationality categories. No category is provided
for ‘stateless,’ ‘other’ or ‘miscellaneous’. The applicant is prohibited
by the application software from proceeding to the next stage of the
application form until they select a nationality from the list provided.
There is no space or option for providing information as to why the
list of ‘nationalities’ provided is not applicable to the applicant.
Screenshot of online adult application for Australian citizenship (form 1300t) indicating no category for ‘Stateless’ in the mandatory
‘nationality’ drop down box required to be completed when identity document is uploaded to application. No category for ‘unknown’ or
‘Misc’ is available—applicants must select a nationality regardless of not having one, potentially jeopardising their claim of statelessness.
36 Peter McMullin Centre on Statelessness | Understanding Statelessness in Australia
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