Chapter 6:
Conclusion
“How can anyone say to us, “You’re nothing. You are
stateless.” How can anyone be stateless? We all come from
somewhere. You are someone, regardless of whether you
have the documentation or not. No matter what.”
— Asma
This research project, the first comprehensive study of statelessness in Australia, sought to
respond to a clear gap in knowledge about and understanding of statelessness in Australia.
The findings rest on a robust analysis of statistics, doctrinal research and substantial
qualitative research. The findings clearly support the Project’s hypothesis that the failure
to officially account for stateless people does not obviate the need to acknowledge, assess
and otherwise respond to their arrival and/or presence in Australia. Indeed, this study clearly
establishes that stateless people are present in Australia in considerable numbers, and that
there is a general lack of understanding or knowledge about statelessness. The lack of a formal
system to recognise or determine statelessness, combined with a failure to provide permanent
pathways to protection and naturalisation for stateless people has serious consequences
primarily for stateless people but also the many stakeholders who encounter stateless people
in their work.
The status quo is clearly failing to protect stateless people in Australia and facilitate their ability to resettle
within a reasonable timeframe with dignity. Indeed, our research highlights that for some stateless
people, their experience in Australia mirrors the discrimination and exclusion they endured in their
country of origin from where they have fled. Moreover, our research reveals that the lack of any legal
recognition of statelessness in Australia has produced a dysfunctional administrative system, whereby
decision makers across a range of contexts are forced to conduct fact-finding in relation to statelessness
within a legislative void. This, in turn, is placing undue pressure on the service providers that support
stateless people in Australia, including lawyers and health workers. Most significantly, however, it is
detrimentally impacting the lives of stateless people, to whom Australia owes protection. It is further
resulting in inconsistent and opaque government decision-making that is inconsistent with good public
administration and ultimately undermines the rule of law.
It is imperative that Australia adopts a fair, transparent and coherent framework to address statelessness
in Australia. Understanding the nature and scope of the challenge in Australia as has been achieved in this
report is the crucial first step towards developing such coherence.
Understanding Statelessness in Australia | Peter McMullin Centre on Statelessness 69
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