SCOPING PAPER: STATELESSNESS IN IRELAND
Background
The primary purpose of this paper is to examine the international and national legal
framework relating to statelessness, to map out as much as possible the extent of
statelessness in Ireland and to identify particular areas where issues involving
statelessness arise. It will highlight that there are a number of areas where it is difficult or
impossible for potentially stateless persons to avail of some procedures, and to realise
certain rights in the absence of a determination procedure. It is hoped that the paper will
demonstrate that statelessness is an issue that is directly relevant to a number of
procedures and has already been the subject of a number determinations and findings
by state agencies. In UNHCR’s view, the establishment a formal statelessness
determination procedure would ensure fairness, transparency and efficiency in how such
cases are dealt with and improve consistency within the immigration and protection
system.
UNHCR has engaged with the Irish authorities on the issue of statelessness and the
need to establish a determination procedure in recent years. In 2008, the Office identified
the proposed introduction of a single protection procedure via the Immigration,
Residence and Protection Bill as an opportunity to address existing gaps pertaining to
statelessness in a constructive and practical manner without creating parallel institutions.
While this legislation has not advanced, the prospect of legislative reform has again
returned quite recently.
In July 2009, a focal point arrangement was agreed with the Irish Naturalisation and
Immigration Service (INIS) for liaison in relation to specific cases of possible
statelessness that come to the attention of UNHCR. An ad hoc procedure was agreed,
whereby if UNHCR identifies an individual who is potentially stateless, it will refer the
case to INIS in order to facilitate finding a durable solution for that individual.
In 2011, an expert consultant with UNHCR’s Statelessness Unit in Geneva met with INIS
officials to advance discussions on statelessness and provide an update on the
guidelines UNHCR was developing at that time. At the meeting, the lack of data in
relation to statelessness in Ireland was highlighted and this paper aims, inter alia, to
further progress our understanding of existing data sources and gaps. In July 2011, a
representative of INIS attended the UNHCR Practitioner Seminar on Statelessness and
National Procedures held in Brussels which provided further information on existing
determination procedures in other countries.
In December 2011 UNHCR welcomed Ireland’s statement to the Intergovernmental
United Nations event on the occasion of the 60th anniversary of the 1951 Convention
relating to the Status of Refugees and the 50th anniversary of the 1961 Convention on
the Reduction of Statelessness which provided:
“Ireland is fully committed to the implementation of its obligations as a party
to both the 1954 and 1961 statelessness conventions. Our most recent
legislation in this area, the Irish Nationality and Citizenship Act 2004, was