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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