Annex 1:
List of terminology and abbreviations
Terminology
Asylum Seeker
An asylum seeker is a person who has left their country and is seeking protection from persecution in
another country, but who hasn’t yet been legally recognised as a refugee and is waiting to receive a
decision on their claim for protection.
Bridging visas
A temporary visa permitting a non-citizen to live in the community while their immigration status
is resolved. There are various Bridging Visa types in Australia, each with different conditions.
De facto statelessness
A situation where a person has a nationality under law but resides outside their country of nationality
and cannot or will not (for valid reasons) seek the protection of that country. In practice, they are
effectively stateless even though the 1954 Convention legal definition does not apply.
De jure statelessness
An individual is de jure stateless when they meet the international legal definition of statelessness:
they do not have a nationality under the laws of any country.
Citizenship
‘Citizenship’ is the term used to describe an individual’s link to the state (or ‘country’) in the context
of domestic law. The term ‘citizenship’ is often used interchangeably with the term ‘nationality.’
Complementary protection
Protection available under Australian law to people who do not meet the refugee definition
in the 1951 Convention but face a real risk of significant harm if removed to another country,
including arbitrary deprivation of life, torture, cruel or inhuman treatment, or degrading
treatment or punishment.
Community detention
A form of immigration detention under the Migration Act 1958 (Cth) whereby a person resides at a
specified address in the community while remaining in legal detention, as opposed to being held in
a detention facility. Conditions may include regular reporting to authorities and nightly curfews.
Foundling
An abandoned child whose parents cannot be identified.
Human Rights
Human rights are rights inherent to all human beings regardless of race, sex, nationality, ethnicity,
language, religion or any other status.
Immigration
Detention Centre
Facility where people are forcibly held. Since 1992, Australia has had a system of mandatory
immigration detention. Under Australian law, any non-citizen who is in Australia without a valid visa
must be detained.
Jus Sanguinis citizenship
Citizenship acquired by descent, through a person’s parents.
Jus Soli citizenship
Birthright citizenship; citizenship acquired automatically by birth on a country’s territory, regardless
of the parents’ nationality.
Nationality
‘Nationality’ is a term used to describe an individual’s link to the state (or ‘country’) in the context of
international law. The term ‘nationality’ is often used interchangeably with the term ‘citizenship.’
Naturalisation
The legal act or process through which somebody becomes a national (or ‘citizen’) of
a state (or ‘country’).
Non-refoulement
A fundamental principle of international human rights and customary law that prohibits states
from transferring or removing a person from their jurisdiction where there are substantial grounds
to believe that person would face irreparable harm, including persecution, torture, ill-treatment, or
other serious human rights violations.
Repatriation
The process of returning a person to their country of origin, nationality, or former habitual residence.
72 Peter McMullin Centre on Statelessness | Understanding Statelessness in Australia
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