This means that, by way of example, a stateless Rohingya applicant
cannot enter ‘stateless’ for his or her nationality and must select
a listed nationality, such as ‘Burmese.’ Selecting the nationality
of ‘Burmese’ is likely to create problems for the applicant once
reviewed by the Department, which may seek to use the selection
of the nationality of ‘Burmese’ as evidence that the applicant is not
actually stateless and has previously lied about their identity. This
is despite the fact the Department may have previously found the
applicant to be stateless. The Department may use the selection of
Burmese to both reject the application for citizenship on a credibility
basis and potentially cancel the visa of the applicant, on the grounds
that, through providing information that is inconsistent with data
they have previously given the government, they are not credible.
“So this paperwork, it’s very tiring, it gives a lot of stress to the
individual. There’s no way to go there because …. it’s not available
for the stateless person…every time when we fill those forms, that’s
the hardest part to do it.”
— Social Worker
Healthcare and social service providers
Research indicated a gap in policies and procedures for stateless
people within the Australian settlement services.
Without acknowledgement or visibility in health and social service
policy or procedural frameworks, stateless people lack tailored
support, which may compound existing health problems.
“(Lack of recognition) makes it very challenging and very
difficult for people to access health services. And they’re already
traumatised and stressed…(E)very time a door is closed or every
time access is denied, it’s like a wound that keeps constantly
being opened up and it compounds their stress, the distress for the
person, trying to access care. And then what does that lead to in
terms of their long-term mental health or physical health?”
— Refugee Health Worker
4.2 Stateless people experience multiple,
complex and interrelated legal issues
This section explores the legal complexity and precarity experienced
by stateless people in Australia. Stateless people often face multiple,
overlapping legal challenges that compound their exclusion
and vulnerability. Systemic gaps in Australia’s legal frameworks
exacerbate these challenges as does the lack of a stand-alone
mechanism for identifying statelessness.
“The settlement service providers don’t acknowledge statelessness
at all. So they don’t factor that in as anything that may be
impacting people who are stateless differently to those who have
citizenship. Which I think is quite an oversight.
Key findings indicate that:
1.1
Stateless people’s legal journeys through Australian
courts and tribunals is complex (4.2.1);
In the resettlement context, working for a big organisation that
is supposed to be aware of issues relating to refugees and people
seeking asylum, statelessness was never discussed. It was never
even sort of acknowledged. So that just shows the oversight in that
general day to day sort of case management.”
1.2
Proving statelessness in the absence of a statutory
framework is challenging (4.2.2);
1.3
Stateless people experience a ‘relentless’ reassessment
of their identity which has a real and detrimental impact
on them (4.2.3);
1.4
A finding that a person is stateless carries distinct
consequences across Australian administrative decision
making (4.2.4);
1.5
Stateless people experience significant access to justice
issues and barriers to legal assistance (4.2.5);
1.6
The Migration Act functions as a ‘further tool of family
violence’ placing stateless victims at increased risk of
harm (4.2.6); and
1.7
Lengthy delays in processing applications for visas and
citizenship with no mandated timeframes or updates
provided to applicants is detrimental to stateless
people (4.2.7).
— Social Worker
Understandings of, and awareness of the unique needs of
statelessness were also reported to be lacking in the Australian
health sectors.
“I don’t think, from a refugee and asylum seeker health and
broader multicultural health policy perspective, that we think
about statelessness as part of the portfolio of work.… statelessness
is typically not the way in which we’re conceptualising the issues.
It’s probably more so about people’s eligibility for health services,
or social services, at a state level and at a commonwealth level
across different visa categories, and that’s how we’d be seeing it.”
— State Government Healthcare Provider
Understanding Statelessness in Australia | Peter McMullin Centre on Statelessness 37
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