2022
Statelessness & Citizenship Review
4(1)
The three issues regarding Australia’s implementation of art 1(1) of the 1961
Convention outlined demonstrates that, although Australia may have shown initial
leadership in committing to reduce statelessness, more needs to be done to
meaningfully address the issue in practice. The next Part of this commentary will
provide an overview of key measures that have been implemented to address these
issues, drawing on the previous discussions.
A
Issue One: A New National Statelessness Network to Increase Awareness
There is a significant lack of awareness within Australian stateless communities
regarding the right of Australian-born children to apply for citizenship. This is
further complicated by a general lack of expertise within the Australian legal
community regarding statelessness.
To address this issue, the Stateless Children Australia Network (‘SCAN’) was
established in 2021 with the aim of developing knowledge regarding the number,
legal status and legal needs of Australian-born stateless children. 38 SCAN’s
mandate includes establishing a formal network of Australian legal practitioners
currently assisting stateless children. The network aims to foster professional skill
development regarding statelessness with the Australian legal community,
increase legal assistance pathways for eligible children and support legal outreach
to raise awareness within stateless communities regarding this key entitlement.
B
Issue Two: A New Legal Clinic to Assist Stateless Children
There is a critical lack of legal services and legal funding for stateless children in
Australia. While some legal services may assist stateless children with citizenship
applications on an ad hoc basis, the Refugee Advice & Casework Service’s
(‘RACS’) Stateless Children Program hosts the only dedicated legal service for
these children in Australia.39
To address this need, in 2021, the Peter McMullin Centre on Statelessness and
the Melbourne Law School (‘MLS’) Clinics at the University of Melbourne
partnered with RACS to conduct a pilot legal clinic for stateless children. The
Stateless Children Legal Clinic (‘SCLC’) had the dual benefit of increasing free
legal assistance to stateless children and their families, as well as offering MLS
Juris Doctor (‘JD’) students the opportunity to develop practical legal skills within
a clinical legal education framework. 40 The initial pilot included two JD students
who were supervised by the SCLC Coordinator and a dedicated solicitor from
RACS.41
The pilot SCLC was highly successful. Between March and May 2021, the
clinic assisted more than 20 stateless children to apply for Australian citizenship,
with more waitlisted for future assistance.
38
39
40
41
See ‘Stateless Children Australia Network’, Peter McMullin Centre on Statelessness (Web
Page, 2021) <https://law.unimelb.edu.au/centres/statelessness/engage/stateless-childrenlegal-clinic/stateless-children-legal-australia-network>.
See ‘Stateless Children’, Refugee Advice & Casework Service (Web Page)
<https://www.racs.org.au/stateless-children-program>.
See ‘Stateless Children Legal Clinic’, Peter McMullin Centre on Statelessness (Web Page,
2021)
<https://law.unimelb.edu.au/centres/statelessness/engage/stateless-children-legalclinic> (‘SCLC Web Page’).
The author gratefully acknowledges Refugee Advice & Casework Service solicitor Ahmad
Sawan and Centre Director and Principal Solicitor Sarah Dale for their expert supervision of
the pilot Stateless Children Legal Clinic.
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