fees or lack of legal assistance) or children whose statelessness is, as of now, unrecognised, including children born in the UK. 14. In 2011, UNHCR and Asylum Aid undertook a mapping study to investigate the extent of statelessness in the UK, but it is now out of date, and even then, limitations in the availability of data were noted.15 ISSUE 1 – Statelessness determination and protection of stateless persons 15. Under its international obligations (see Annex I), the UK shall accord to stateless persons the right to employment, housing, healthcare, and public education as favourable as possible and, in any event, not less favourable than those accorded to foreigners generally in the same circumstances.16 The precise extent of these rights depends on the residence or legal status of the person, but a minimum set of rights is guaranteed to all stateless persons present on the territory.17 16. Identifying stateless persons is the first step in providing them with adequate protection and rights in line with international law. In line with UNHCR guidelines, the determination of statelessness is best fulfilled through a dedicated SDP that is fair, efficient, easily accessible, and that leads to a statelessness status.18 17. In April 2013, the UK introduced a procedure through which some persons may be granted a residence permit (‘leave to remain’) in the UK on the grounds of statelessness.19 The procedure is established in the Immigration Rules20 and the UK Government’s interpretation of the Rules is in its published guidance.21 Despite the introduction of the SDP, there remain significant gaps in law, policy and practice that result in the failure to respect, protect and fulfil the rights of all stateless persons and every child’s right to acquire a nationality. 18. British nationality provisions also contain gaps, for example legislation continues to treat those with a form of British nationality that does not allow entry and residence in any country - even the UK - as ‘nationals’ rather than ‘stateless persons’.22 Moreover, the UK does not consider statelessness to be a ‘protection’ issue.23 This flawed approach results in discriminatory treatment of stateless persons as compared to applicants for asylum and complementary (‘humanitarian’) protection, particularly with respect to the absence of appeal rights, free legal assistance, and access to social and economic rights. 15 UNHCR (2011), Mapping Statelessness in The United Kingdom: https://www.refworld.org/docid/4ecb6a192.html Convention Relating to the Status of Stateless Persons, 1954, Articles 17-24. 17 UNHCR (2014), Handbook on Protection of Stateless Persons, paras. 132-139: http://www.unhcr.org/uk/protection/statelessness/53b698ab9/handbook-protection-stateless-persons.html 18 ibid, paras. 57-58. 19 For ease of reference, we refer in this submission to Part 14 of the Immigration Rules as a ‘statelessness determination procedure’. However, Part 14 is more accurately described as a procedure for applying for leave to remain in the UK based on statelessness. The importance of this distinction is evident in our discussion of the UK’s definition of statelessness and departures from international law relating to statelessness. 20 Home Office, Immigration Rules, published on 25 February 2016 and updated on 4 January 2022, at Part 14: Stateless Person https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-14-stateless-persons, paras 401-416. 21 UK Visas and Immigration, 'Stateless Leave' v 3.0 published 30 Oct 2019: https://www.gov.uk/government/publications/stateless-guidance 22 Although the High Court (Administrative Court) has stated that a British Overseas Citizen is not a ‘national’ because the status does not attract a right of residence in the UK. See Teh v SSHD [2018] EWHC 1586 (Admin). 23 This is evident in the lack of legal aid and implementation of an administrative review procedure instead of a full right of appeal, and in the guidance from 2019, which makes a distinction between statelessness applications and those raising protection grounds. See UKVI, 'Stateless Leave' (n 21) p. 9-10, 13. 16 4