Figure 7. Number of stateless persons expelled from Lithuania, 1999-2011213 30 25 20 15 10 5 0 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Stateless asylum-seekers cannot be expelled or obliged to leave the territory of Lithuania until the adoption of a final decision on their claim. Importantly, however, “unreturnable” persons have scant protection from expulsion. Even where “unreturnable” persons are granted a temporary residence permit because they cannot be returned for twelve months, the permit needs to be renewed every year for at least five years. These persons remain vulnerable to expulsion at the time of annual renewal. Even long-term residents with an “unresolved” legal status can, in theory, be expelled. However, this does not occur in practice because the majority of these persons settled in Lithuania prior to 1 July 1993, which gives them the right to a permanent residence permit. In making a decision to expel, remove, or return a person, the authorities must take into account the length of the individual’s lawful stay in Lithuania, their family, economic, and social relations in the country, as well as and the gravity of the offense.214 A decision to remove a person can be appealed. The appeal has a suspensive effect unless the person constitutes a threat to national security or public order.215 3.4.2 Rights of persons recognized as stateless The 1954 Convention, along with applicable standards of international human rights law, grants stateless persons a core set of rights. Some provisions apply to all stateless persons, while others have certain residence requirements.216 Importantly, “[r]ecognition of an individual as a stateless person under the 1954 Convention also triggers the “lawfully staying” rights, in addition to a right to residence. Thus the right to work, access to healthcare and social assistance, as well as a travel document must accompany a residence permit.”217 Substantive rights guaranteed to stateless persons include, inter alia, freedom of religion, the right to recognition of their personal legal status (especially marriage), property rights, the right of association, access to courts, the right to identity documents, certain rights to travel documents, certain rights to wageearning employment, self-employment, housing, public education, public relief, administrative assistance, 56 213 Lithuania, Migration Department of the Ministry of Interior, Migration Yearbook 2004, Vilnius, 2005, p. 78; Migration Yearbook 2005, Vilnius, 2006, p. 83; Migration Yearbook 2006, Vilnius, 2007, p. 81; Migration Yearbook 2007, Vilnius, 2008, p. 71; Migration Yearbook 2008, Vilnius, 2009, p. 89; Migration Yearbook 2009, Vilnius, 2010, p. 93; Migration Yearbook 2010, Vilnius, 2011, p. 111; Migration Yearbook 2011, Vilnius, 2012, p. 82. 214 Law on the Legal Status of Aliens, Article 128(1). 215 Ibid, Article 128(2) (1). Following the amendment of 26 November 2015, suspensive effect is ensured through interim measures. 216 For a comprehensive discussion on the proper interpretation of these terms, see UNHCR, Handbook on Protection of Stateless Persons, paras 147-152, (inter alia, making specific recommendations as to the granting of a residence permit; noting that the recognition of an individual as stateless “triggers the “lawfully staying” rights;” discussing “habitual residence;”), paras 136-139 (discussing the “lawfully staying” rights as well as “habitually resident” provisions), and paras 140-143 (discussing international human rights law and its relevance to statelessness, in particular the ICCPR’s Article 12(4) “own country” provisions and its guarantee of “the right of entry, and thus the right to remain, of individuals with special ties to a State.”), available at: http://www.refworld.org/docid/53b676aa4.html. 217 Ibid, para 150. M A P P I N G S TAT E L E S S N E S S I N L I T H UA N I A