Refugee
An individual who has been forced to flee their home and has crossed an international border to
seek safety in another country. The term ‘refugee’ is defined under international law as ‘someone
who is unable or unwilling to return to their country of origin owing to a well-founded fear of being
persecuted for reasons of race, religion, nationality, membership of a particular social group, or
political opinion.’
Statelessness
An individual who does not have nationality of any country. This means they are not recognised as
legally ‘belonging’ to any country. The international legal definition of a ‘stateless person’ is ‘a person
who is not considered as a national by any state under the operation of its law.’
Statelessness
Determination Procedure
A formal process for identifying a stateless person.
Transitory person
Per section 5 of the Migration Act 1958 (Cth) and for the purposes of this Report, a transitory person is
someone who arrived in Australia seeking asylum, was then taken to a regional processing centre and
is then subsequently returned to Australia for a ‘temporary’ purpose (e.g., for medical treatment) who
must be returned offshore and cannot apply for an Australian visa. Currently, there are many stateless
people in Australia within the category of ‘transitory persons’ who have been in Australia for upwards
of seven years, and are unlikely to be returned to a regional processing centre, but have no ability to
apply for a permanent visa in Australia. As such, they live in a state of legal limbo.
Abbreviations
AAT
Administrative Appeals Tribunal
FOI
Freedom of Information
ADV
Australian Declaratory Visas
ICCPR
International Covenant on Civil and Political Rights
APOD
Alternative Place of Detention
ICERD
ART
Administrative Review Tribunal
International Convention on the Elimination
of All Forms of Racial Discrimination
BVE
Bridging Visa E
NDIS
National Disability Insurance Scheme
CEDAW
Convention on the Elimination of All
Forms of Discrimination against Women
PV
Protection visa
RoS Visa
Resolution of Status visa
CPI Citizenship Processing Instructions
SHEV
Safe Haven Enterprise visa
CRC Convention on the Rights of the Child
TBB
Talent Beyond Boundaries
CRPD Convention on the Rights of Persons with Disabilities
TPV
Temporary Protection visa
DHA Department of Home Affairs
UMA
Unauthorised Maritime Arrival
FCA
Federal Court Australia
UNHCR
United Nations High Commissioner for Refugees
FCCA
Federal Circuit and Family Court of Australia
Understanding Statelessness in Australia | Peter McMullin Centre on Statelessness 73
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