2.2.2.2 GROUPS NOT COVERED BY ADMINISTRATIVE DATA
The data gathered through the Population Census conducted in 2011 showed that there were
more than 8,000 persons of “unknown nationality” and 2,020 stateless persons, as indicated by the
respondents. At the time of drafting the report, 467 stateless persons held valid residence permits,
while 1,328 stateless persons were registered in the PESEL database.59 With no statelessness
determination procedure in place, there may be a significant number of stateless persons or
persons at risk of statelessness who did not contact the authorities. The reasons for this may have
been due to the lack of information, fear and helplessness about resolving their irregular status.
They are, therefore, not recorded in the official statistics. According to a recent study, the risk of
detention was an important factor deterring stateless persons from approaching the authorities,60 a
situation that is neither beneficial for the state nor for the persons concerned.
Rustam’s story:
Rustam, originating from Uzbekistan, argued in the appeal proceedings on international protection
that even though he originates from Uzbekistan, he can no longer be regarded as a citizen of that
country, due to his long stay abroad and loss of citizenship thereto. The Refugee Council (the
administrative body hearing appeals in asylum cases in Poland) allowed the appeal and granted
protection indicating that Rustam is a “citizen of Uzbekistan/stateless” (a determination made in
the decision), while explaining in its reasoning that it is not clear whether Rustam still holds Uzbek
nationality. According to Uzbek legislation, loss of nationality occurs in case of unregistered stay
abroad, exceeding five years. Rustam stayed abroad for much longer and he was not registered
during that time. When Rustam applied for a residence permit card he requested that “stateless”
be indicated in the citizenship field. The Office for Foreigners, competent for issuing the card,
enquired with the Refugee Council whether Rustam was determined to be stateless or a citizen of
Uzbekistan, since the system does not allow for a double determination, as indicated in the Refugee
Council’s decision. If an unequivocal determination is not possible, the “nationality unknown”
category can be employed. The Refugee Council stated that an unequivocal determination as to
whether Rustam is a citizen of Uzbekistan or stateless was not possible.
24
59
Answer to an enquiry of Halina Nieć Legal Aid Center from 7 November 2016 (statistics: 30 June 2016).
60
European Network on Statelessness (ENS), Protecting Stateless Persons from Arbitrary Detention in Poland, cited above.
MAPPING STATELESSNESS IN POLAND