Endnotes 1 The bulk of the research for this Report was conducted on the lands of the Wurundjeri Woi-wurrung of the Kulin Nation. We acknowledge that Indigenous understandings of ‘citizenship’ are complex and intrinsically tied to Australia’s painful history of colonization and exclusion. Indeed, prior to 1967, Aboriginal and Torres Strait Islander peoples were denied citizenship, including the right to vote and be counted in the census. Although the scope of this research and Report is focused on statelessness as defined under the 1954 Convention Relating to the Status of Stateless Persons, we wish to acknowledge the complexity of Indigenous people’s relationship to the modern state of Australia, connections to country dating more than 60,000 years and concepts of Indigenous citizenship more broadly. 2 Hannah Arendt, ‘The Rights of Man: What Are They?’ (1949) 3(1) Modern Review 467. 3 Australia acceded to the 1954 Convention on the same date as their accession to the Convention on the Reduction of Statelessness, opened for signature 30 August 1961, 989 UNTS 175 (entered into force 13 December 1975) (‘1961 Convention’). See: ‘4. Convention on the Reduction of Statelessness’, United Nations Treaty Collection (1961 Convention UNTC) (Web Page) <https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_ no=V-4&chapter=5> [under ‘Australia’]; ‘3. Convention relating to the Status of Stateless Persons’, United Nations Treaty Collection (Web Page) <https:// treaties.un.org/pages/ViewDetailsII.aspx?src=TREATY&mtdsg_no=V3&chapter=5&Temp=mtdsg2&clang=_en> [under ‘Australia’]. 4 Australia acceded to the 1961 Convention (n 3) on 13 December 1973. See: ‘4. Convention on the Reduction of Statelessness’, United Nations Treaty Collection (Web Page, 4 November 2021) <https://treaties.un.org/pages/ ViewDetails.aspx?src=TREATY&mtdsg_no=V-4&chapter=5> (‘UNTC 1961 Convention Page’). 5 UN High Commissioner for Refugees Division of International Protection, UNHCR Pledges 2011: Ministerial Intergovernmental Event on Refugees and Stateless Persons (Geneva, Palais des Nations, 7-8 December 2011) (Report, May 2012) 51 <https://www.unhcr.org/uk/sites/uk/files/legacy-pdf/4ff55a319.pdf>. 6 These included signing on to multi-stakeholder pledges to increase data and evidence on the living conditions of stateless people ‘through their systematic inclusion in national data production systems’, ending immigration detention of stateless children and their families, ‘ending statelessness,’ and ‘advancing localization in displacement and statelessness responses.’ See: ‘Multistakeholder Pledge: Inclusion of Forcibly Displaced and Stateless Persons in National Statistical Systems and Surveys’ Global Compact on Refugees (Web Page) <https://globalcompactrefugees.org/multistakeholderpledge-inclusion-forcibly-displaced-and-stateless-persons-nationalstatistical?_gl=1*1mct54z*_rup_ga*MzcwMjE3MTMxLjE3MTk0NTE2ODI.*_ rup_ga_EVDQTJ4LMY*MTcyMTI2ODI2Ny4zLjAuMTcyMTI2ODI2Ny42MC4wLjA>; ‘Multistakeholder Pledge: Developing Alternatives to Immigration Detention and Ending Immigration Detention of Asylum-Seeking, Refugee, Stateless and Migrant Children and their Families’ Global Compact on Refugees (Web Page) <https://globalcompactrefugees.org/multistakeholder-pledgedeveloping-alternatives-immigration-detention-and-ending-immigration?_ gl=1*1mct54z*_rup_ga*MzcwMjE3MTMxLjE3MTk0NTE2ODI.*_rup_ga_ EVDQTJ4LMY*MTcyMTI2ODI2Ny4zLjAuMTcyMTI2ODI2Ny42MC4wLjA> (‘Multistakeholder Pledge: Developing Alternatives to Immigration Detention’); ‘Multistakeholder Pledge: Ending Statelessness’ Global Compact on Refugees (Web Page) <https://globalcompactrefugees.org/pledges-contributions/ multistakeholder-pledges-2023/multistakeholder-pledge-endingstatelessness?_gl=1*1mamdhx*_rup_ga*MzcwMjE3MTMxLjE3MTk0NTE2ODI.*_ rup_ga_EVDQTJ4LMY*MTcyMTI2ODI2Ny4zLjAuMTcyMTI2ODI2Ny42MC4wLjA>; ‘Multistakeholder Pledge: Advancing Localisation in Displacement and Statelessness Responses’ Global Compact on Refugees (Web Page) <https:// globalcompactrefugees.org/pledges-contributions/multistakeholderpledges-2023/multistakeholder-pledge-advancing-localisation?_ gl=1*1mamdhx*_rup_ga*MzcwMjE3MTMxLjE3MTk0NTE2ODI.*_rup_ga_ EVDQTJ4LMY*MTcyMTI2ODI2Ny4zLjAuMTcyMTI2ODI2Ny42MC4wLjA>. 7 Katie Robertson, ‘The Stateless Legal Clinic: Innovative Models for Addressing Unmet Legal Need in Australia through Clinical Legal Education’ (2024) 31(1) International Journal of Clinical Legal Education, 10; Elena Fiddian-Qasmiyeh, ‘On the Threshold of Statelessness: Palestinian Narratives of Loss and Erasure’ (2016) 39(2) Ethnic and Racial Studies 301-21. See also UN High Commissioner for Refugees, Mapping Statelessness in the United Kingdom (Report, 22 November 2011) 12 <https://www.refworld.org/ reference/countryrep/unhcr/2011/83545>. 8 See, for example, Elena Fiddian-Qasmiyeh, ‘On the Threshold of Statelessness: Palestinian Narratives of Loss and Erasure’ (2016) 39(2) Ethnic and Racial Studies 301-32. 9 All research was conducted under the authority of 24730 Understanding Statelessness in Australia ethics approval. 10 The Administrative Review Tribunal (ART) commenced on 14 October 2024, replacing the Administrative Appeals Tribunal (AAT). The AAT has ceased all operations, with any current matters transferred to the ART. In July 2015 separate bodies including the Social Security Appeals Tribunal (SSAT), the Migration Review Tribunal (MRT) and Refugee Review Tribunal (RRT) were merged into the AAT. The case law review for this Project included review of decisions of all these relevant bodies between 20112022. The report consistently references the ART to reflect the decisionmaking body’s current title. 11 Migration Act 1958 (Cth) s 101(b) (‘Migration Act 1958’). 12 Australian Citizenship Act 2007 (Cth) (‘Citizenship Act 2007’). 13 University of Melbourne Human Ethics application 2023-24730-42549-6. 14 See: International Law Commission, Articles on Diplomatic Protection with Commentaries (2006) 49 <http://www.refworld.org/docid/525e7929d.html>, stating that the Article 1 definition can ‘no doubt be considered as having acquired a customary nature’. 15 International Covenant on Civil and Political Rights, opened for signature 16 December 1966, 999 UNTS 171 (‘ICCPR’) (entered into force 23 March 1976). Australia ratified the ICCPR on 13 August 1980: UN Treaty Collection, Chapter IV, 4. International Covenant on Civil and Political Rights, <https://treaties. un.org/doc/Publication/MTDSG/Volume%20I/Chapter%20IV/IV-4.en.pdf>. 16 International Convention on the Elimination of All Forms of Racial Discrimination, opened for signature 7 March 1966, 600 UNTS 195 (entered into force 4 January 1969). Australia ratified the ICERD on 30 September 1975: UN Treaty Collection, Chapter IV, 2. Convention on the Elimination of All Forms of Racial Discrimination, <https://treaties.un.org/doc/Publication/MTDSG/ Volume%20I/Chapter%20IV/IV-2.en.pdf>. 17 Convention on the Elimination of All Forms of Discrimination against Women, opened for signature 18 December 1979, 1249 UNTS 13 (‘CEDAW’) (entered into force 3 September 1981). Australia ratified the CEDAW on 28 July 1983: UN Treaty Collection, Chapter IV, 8. Convention on the Elimination of All Forms of Discrimination against Women, <https://treaties.un.org/doc/ Publication/MTDSG/Volume%20I/Chapter%20IV/IV-8.en.pdf>. 18 Convention on the Rights of the Child, opened for signature 20 November 1989, 1577 UNTS 3 (‘CRC’) (entered into force 2 September 1990). Australia ratified the CRC on 17 December 1990: UN Treaty Collection, Chapter IV, 11. Convention on the Rights of the Child, <https://treaties.un.org/doc/ Publication/MTDSG/Volume%20I/Chapter%20IV/IV-11.en.pdf>. 19 Convention on the Rights of Persons with Disabilities, opened for signature 30 March 2007, 2515 UNTS 3 (‘CRPD’) (entered into force 3 May 2008). Australia ratified the CRPD on 17 July 2008: UN Treaty Collection, Chapter IV, 15. Convention on the Rights of Persons with Disabilities, <https://treaties.un.org/ doc/Publication/MTDSG/Volume%20I/Chapter%20IV/IV-15.en.pdf>. 20 See: Peter McMullin Centre on Statelessness (PMCS), ‘Joint Submission to the Universal Periodic Review: Australia’, 51st sess, 4th cycle (17 July 2025) 9 <https://law.unimelb.edu.au/__data/assets/pdf_file/0006/5346807/PMCSNFA-UPR-Submission-2025.pdf>. Understanding Statelessness in Australia | Peter McMullin Centre on Statelessness 99