circumstances that have been provided for in the 1954 Convention. If the person’s identity has not been
established, this may be indicated in the travel document (Chapter 2, Section 8).
It has been confirmed in Swedish case law that when a person is both a refugee and stateless, the person is
entitled to a travel document in accordance with the Refugee Convention instead of a travel document in
accordance with the 1954 Convention, as the travel document issued pursuant to the Refugee Convention
is more beneficial.186 The provisions on travel documents in these two Conventions are to a large extent
identical, though there are certain differences. A travel document issued in accordance with the 1954
Convention is valid for at least three months whereas the travel document issued in accordance with the
Refugee Convention shall be valid for at least one year, pursuant to paragraph 5 of the schedules to both
Conventions.187
3.5 Conclusions and recommendations
The situation in which stateless persons may find themselves, and the protections to which they are
entitled, have received relatively little attention in Sweden. Although Sweden has been a State Party to the
1954 Convention since 1965, numerous provisions in the Convention have not been transformed into the
Swedish legislation, or applied in practice.
The definition of a stateless person set out in Article 1(1) of the 1954 Convention has not been transformed
into the national legislation, though statelessness is referred to in several legal acts and in relevant
Government Bills. While an individual can be recorded or registered as stateless by the SMA in its Register,
and by the Swedish Tax Agency in the Population Register, the lack of a definition of a stateless person in
national law, coupled with the lack of common guidelines with criteria and procedural standards for its
application, leads to a risk that an individual’s citizenship status is assessed differently by the respective
authorities. It can also lead to a situation where a child’s or adult’s statelessness is not properly identified
and determined, and the individual consequently loses his or her ability to acquire Swedish citizenship
by notification or naturalization, at a certain point in time or indefinitely; considering the relatively high
number of children born in Sweden who are registered as having an “unknown” nationality (see Table 9 in
Section 4.3.1.1 below), this is a concern and a factor that hampers the affected individuals’ ability to enjoy
rights under the statelessness Conventions. UNHCR therefore recommends that the definition of a stateless
person set out in the 1954 Convention, and which is part of customary international law, is transformed into
national law, and that guidelines be developed to ensure a consistent application of the definition by the
SMA and Swedish Tax Agency, respectively. The same recommendation is made in respect of the category
persons with “unknown” nationality. This would help ensure that, where assessment of an individual’s
statelessness is taking place as part of establishing an individual’s identity during immigration and civil,
including birth registration processes, the criteria for considering someone as stateless or of “unknown”
nationality, and the application of these, are harmonized, known and consistently applied across the
different authorities involved.
UNHCR also recommends exploring the possibility of establishing a system which enables a synchronization
of recordings and updates relating to a person’s citizenship status in the respective registers, to ensure that
an update in, for example, the Register of the SMA, is reflected in the Population Register.
Furthermore, the assessments of the potential statelessness of an applicant for an asylum or immigration
permit, or citizenship, that are conducted today are not legally binding and have no independent legal
54
186
Migration Appeal Court, MIG 2009: 6, 9 March 2009.
187
UNHCR, The Refugee Convention, 1951: The Travaux préparatoires analysed with a Commentary by Dr. Paul Weis, 1990, available at:
http://www.refworld.org/docid/53e1dd114.html and UN High Commissioner for Refugees, Convention relating to the Status of
Stateless Persons. Its History and Interpretation, 1997, available at: http://www.refworld.org/docid/4785f03d2.html.
M A P P I N G S TAT E L E S S N E S S I N S W E D E N