2022 Statelessness & Citizenship Review 4(1) child is born into statelessness at least every 10 minutes.8 The daily lived reality for stateless children can be extremely challenging. By virtue of having no nationality, such children can face barriers to a range of essential human rights such as education and health care. 9 CHILDHOOD STATELESSNESS: THE AUSTRALIAN CONTEXT I want my children to have a better life — I want them to be Australian citizens. This is my dream.10 — Nur,* Australian-based stateless Rohingya mother of four. In theory, Australia has shown a strong commitment to reducing child statelessness by ratifying both the 1954 Convention and the 1961 Convention without reservation.11 Australia is also party to several international agreements that protect the rights of stateless children and ensure the right to nationality. 12 Furthermore, Australia was one of the first states to ratify the 1961 Convention and subsequently implemented one of its key articles into Australian domestic law.13 Article 1(1) of the 1961 Convention provides that a contracting state shall grant nationality to a person born in its territory who would otherwise be stateless — including at birth, by operation of law.14 Section 21(8) of the Australian Citizenship Act 2007 (‘Citizenship Act’) aims to directly implement art 1(1) by providing that a person born in Australia who is not (nor has ever been) a citizen or national of a foreign country and is not entitled to acquire the citizenship or nationality of another state is eligible for Australian citizenship.15 Although Australia has shown leadership in aiming to reduce childhood statelessness in theory, the research discussed herein indicates that more needs to be done to practically implement Australia’s obligations and ensure stateless children are meaningfully able to access their entitlements under law. 8 9 10 11 12 13 14 15 ‘Statelessness around the World’, United Nations High Commissioner for Refugees (Web Page) <https://www.unhcr.org/en-au/statelessness-around-the-world.html>; UNHCR, I Am Here, I Belong: The Urgent Need to End Childhood Statelessness (Report, 2015) 4 <https://www.unhcr.org/ibelong/wp-content/uploads/2015-10StatelessReport_ENG16.pdf.>. ibid 16–17. A Place to Call Home (n 1) 5. Australia acceded to the 1954 Convention (n 6) on the same date as its accession to the 1961 Convention (n 2): 13 December 1973. See UNTC 1961 Convention Page (n 4); ‘3. Convention relating to the Status of Stateless Persons’, United Nations Treaty Collection (Web Page, 4 November 2021) <https://treaties.un.org/pages/ViewDetailsII.aspx?src=TREATY&mtdsg_no=V3&chapter=5&Temp=mtdsg2&clang=_en>. For a comprehensive list, see A Place to Call Home (n 1) 12. See generally, UNTC 1961 Convention Page (n 4). 1961 Convention (n 2) art 1(1). Citizenship Act 2007 s 21(8) (Australia). 206