Figure 6. Number of persons with “unknown” country of origin accommodated at the FRC, 1997-2011208
30
25
20
15
10
5
0
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
3.4.1.2 EXPULSION
Article 31 of the 1954 Convention prohibits the expulsion of a stateless person “lawfully in” the State Party’s
territory, save on grounds of national security or public order. For a stateless person to be “lawfully in” a
State party to the Convention, his or her presence needs to be authorized by the State, either by explicitly
sanctioning or by knowing of and not prohibiting the stay.209 A stateless person is entitled to submit
evidence to clear him- or herself, to appeal a decision on expulsion and be represented by a person specially
designated by the competent authority. In addition, a stateless person is entitled to a reasonable period
to seek legal admission into another country. The State implementing the expulsion can apply internal
measures as necessary.210
Stateless asylum-seekers and persons with “unresolved” legal status who are awaiting a residence permit
or recognition of citizenship are among those persons who are “lawfully in” Lithuania within the meaning
of the 1954 Convention.
Persons with expired or withdrawn temporary residence permits are obliged to leave Lithuania.211 If they
fail to do so within a certain period of time (from seven to 30 days after notification of the return decision),
they can be expelled. Other grounds for expulsion include unlawful entry or stay in Lithuania (save for where
the principle of non-refoulement applies). If an alien is found to constitute a threat to State security or public
order by a Court, this can also be grounds for expulsion.212
Since 1999, the numbers of expelled stateless persons has been decreasing steadily. There have been no
reported expulsions of stateless persons since 2008 (Figure 7). Those with permanent residence permits–
the majority of the stateless population in Lithuania–can only be expelled if they constitute a threat to
national security or public order. There are no known cases of expelled stateless permanent residents.
208
Lithuania, Migration Department of the Ministry of Interior, Migration Yearbook 2004, Vilnius, 2005, p. 74-5; Migration Yearbook
2005, Vilnius, 2006, p. 80; Migration Yearbook 2006, Vilnius, 2007, p. 78; Migration Yearbook 2007, Vilnius, 2008, p. 69; Migration
Yearbook 2008, Vilnius, 2009, p. 87; Migration Yearbook 2009, Vilnius, 2010, p. 90; Migration Yearbook 2010, Vilnius, 2011, p. 108;
Migration Yearbook 2011, Vilnius, 2012, p. 79.
209
UNHCR Handbook on Protection of Stateless Persons, para. 135.
210
Article 31(2)-(3) of the 1954 Convention.
211
Law on the Legal Status of Aliens, Article 125.
212
Ibid, Article 126.
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