UNHCR, Statistical Reporting, and the Representation of Stateless People
85
in India as Kashmiri) as a prelude to falsely claiming benefits from government
departments and local authorities. The Home Office revoked the status of several of
the parties concerned, including the children of the families involved. It was argued
that if the families had lied during their asylum application, then other information
could no longer be considered credible, including the ages of some of the children.
For more than a decade, the Kashmiri children lived without status, turning to
charitable organizations and the goodwill of professionals to get by.
The story of Liew Teong Teh, a resident of the United Kingdom since 2001,
presents a contrasting case where a law-abiding British Overseas Citizen (BOC) was
rendered stateless, while the UK government proved unwilling to correct his status.
Teh was born a BOC and citizen of Malaysia. After completing an MSc in
Engineering at the University of Wolverhampton, he applied for indefinite leave
to remain in 2005, under the impression he would be eligible for British citizenship
based on his status. Following the advice of his lawyers, he renounced his Malaysian
citizenship in 2006 and applied for leave to remain in the United Kingdom. In so
doing, he became stateless. He recalls:
I was shocked to discover that the legal advice I had been given was misleading and
that renouncing my Malaysian citizenship violated the Home Office’s Asylum and
Immigration tribunal’s own rules . . .. Even though I have proof that I was misled
and given the wrong advice on relinquishing my Malaysian citizenship, neither the
Malaysian High Commission or the Home Office will accept me as a citizen.69
Teh then applied for permission to remain in the United Kingdom as a stateless
person under Part 14 of the Immigration Rules. He asked the Malaysian authorities
to confirm that he had successfully renounced his citizenship of Malaysia, which
they did in 2009. However, on two occasions, the Home Office refused his request
and he was liable for removal. In 2013, the Home Office issued guidance relating to
the removal of certain classes of British passport holders:70
Removing British Protected person, BOTC, BNO, and BOC passport holders[:]
Passport holders may be served with notice of illegal entry but removal is not straightforward. The person concerned must apply for entry clearance to the appropriate
Embassy or High Commission of the country to which he is to be removed. If entry
clearance is issued, he may then be removed. If the Embassy or High Commission
refuse the application and he can prove this by presenting a letter from them, leave to
remain in the UK may be granted by Temporary Migration if further efforts to obtain
re-admission to his country of origin are unlikely to prove successful.71
J. Andersson, “Man Stuck in Limbo after Being Left Stateless for 15 Years,” inews (July 22,
2020), https://inews.co.uk/news/man-limbo-stateless-15-years-home-office-mistake-558555.
70
See Home Office, “Immigration Enforcement General Instructions” (December 10, 2013),
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/
file/270023/chapter48.pdf#page=7.
71
Ibid., p. 8.
69
https://doi.org/10.1017/9781108914994 Published online by Cambridge University Press
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