Stateless persons falling within the definition of the term “Refugee” in the 1951 Convention are entitled to protection under the Convention as a refugee. An issue that has caused considerable controversy is the extent to which stateless persons might rely on the protection of the 1951 Convention citing the denial of nationality/effective nationality alone. The approach that something more than denial of effective nationality is required to amount to persecution under the 1951 Convention appears to have found favour.9 Ireland is a state party to the 1951 Convention and its core provisions are implemented into national law by virtue of the Refugee Act 1996. Thus, under Irish law, a stateless person must demonstrate a well-founded fear of persecution in order to qualify for refugee status. (ii) 1954 Convention relating to the Status of Stateless Persons The 1954 Convention relating to the Status of Stateless Persons is the primary international instrument adopted to date to regulate and improve the legal status of stateless persons. The Convention sets the legal framework for the standard treatment of stateless persons. It was adopted to cover, inter alia, those stateless persons who are not refugees and who are not, therefore, covered by the 1951 Refugee Convention. The 1954 Convention contains provisions regarding stateless persons' rights and obligations pertaining to their legal status in the country of residence. The Convention further addresses a variety of matters that have an important effect on day-to-day life such as gainful employment, public education, public relief, labour legislation and social security. In ensuring that such basic rights and needs are met, the Convention provides the individual with stability and improves the quality of life of the stateless person. This, in turn, can prove to be of advantage to the state in which stateless persons live, since such persons can then contribute to society, enhancing national solidarity and stability. Moreover, the potential for migration or displacement of large population groups decreases, thus contributing to regional stability and peaceful co-existence. The key provisions of the 1954 Convention may be summarised as follows: • In Article 1 of the Convention, the definition of a stateless person is set out: "For the purpose of this Convention, the term 'stateless person' means a person who is not considered as a national by any state under the operation of its law". • Article 3 of the Convention on non-discrimination states that "The contracting states shall apply the provisions of this Convention to stateless persons without discrimination as to race, religion or country of origin". • Articles 12 to 24 provide that stateless persons shall be entitled to a certain standard of treatment in relation to various aspects relating to juridical status, gainful employment and welfare. • Article 25 provides that a stateless person shall be afforded administrative assistance when the exercise of a right by that person would normally require the 9 See in particular the decision of the Court of Appeal (England and Wales) in Revenko v Secretary of State for the Home Department [2001] 1 Q.B. 601. Revenko has been applied by the Irish courts: see for example the decision of Clark J in M v Refugee Appeals Tribunal [2009] IEHC 128. This issue is also currently the subject of an appeal to the Supreme Court in T (D) v Refugee Appeals Tribunal & Min for Justice (No 2) [2012] IEHC 562 (see below). Page 6 of 26