This brings the total number of stateless person known to the authorities to be on Swedish territory, by
the end of 2015, to 29,733; while the number of persons with “unknown” nationality was 6,005; and the
number of persons with nationality “under investigation” was 1,037. Around 18 per cent of the stateless
persons holding a residence permit were born in Sweden.
The research has revealed that the Swedish Tax Agency and the SMA, as the national authorities which
can register a person as stateless, as having “unknown” nationality or nationality “under investigation”, do
not have common guidelines with guidance on how to assess if an individual falls within these categories,
including the burden and standard of proof to apply, at their disposal. One consequence is that the standard
of proof applied for establishing if an individual is stateless appears to be higher than the one recommended
by UNHCR in its Handbook on Protection of Stateless Persons. The absence of procedural guidelines, coupled
with the fact that the definition of a stateless person set out in Article 1(1) of the 1954 Convention has not
been transformed into the national legislation, which also lacks a definition of a person with “unknown”
nationality, leads to certain inconsistencies in the administrative practice and a large number of individuals,
including children, being registered as having an “unknown” nationality. This, in turn, prevents children
born stateless in Sweden from availing themselves of their right to acquire Swedish citizenship through
notification.
In addition, there is no automated system for updating and reconciling information in the Population
Register and Register of the SMA, which can lead to a situation where an individual is registered as stateless
in one register, and as having an “unknown” nationality in the other.
Pursuant to the 1954 Convention, the determination of whether an individual is statelessness or not,
based on clear definitions and subject to procedural safeguards, should take place within a dedicated
statelessness determination procedure. Such a procedure does not exist in Sweden today; therefore, the
only determination of an individual’s potential statelessness that takes place is the one conducted by the
Swedish Tax Agency for the purpose of registering an individual in the Population Register, and by the SMA,
for the purpose of establishing the identity of an asylum-seeker or applicant for another immigration
permit, or for determining if an applicant for citizenship by notification or naturalization is stateless. The
assessments of 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 weight; they can therefore
not be appealed. The lack of a statelessness determination procedure, which can lead to the granting of a
status as stateless and a corresponding residence permit, means that persons, including “unreturnable”
persons who may have a claim as stateless, are not able to exercise the right to seek this status in Sweden.
Another consequence of the lack of such a procedure and status is that stateless persons in Sweden are
only entitled to the rights granted in connection with the particular residence permit they hold, such as a
temporary or permanent residence permit issued on the basis of a refugee or subsidiary protection status.
In terms of prevention and reduction of statelessness, the Act on Swedish Citizenship generally has strong
protections against childhood statelessness, and against statelessness in the context of renunciation, loss
or deprivation of nationality.
Section 6 of the Act on Swedish Citizenship provides for the acquisition of Swedish citizenship by notification
of a stateless child born in Sweden, provided the child has a permanent residence permit and is lawfully and
habitually resident, and the notification is made before the child turns 18 years. Section 8 provides that a
stateless person between 18 and 21 years can acquire Swedish citizenship by notification is he or she has a
permanent residence permit in Sweden and has been lawfully and habitually residing in the country since
at least 15 years of age. This provision thus closes the gap between 18 and 21 years, as required by Article
1(2)(a) of the 1961 Convention. However, the requirement of permanent residence, as opposed to habitual
residence set out in Article 1(2)(b) of the 1961 Convention is problematic, not least in view of the recent
changes introduced regarding the duration of residence permits granted to beneficiaries of international
protection. Closing the gap between the non-discretionary right in Article 1(1) of the 1961 Convention and
the requirement of permanent residence in Sections 6 and 8 of the Act on Swedish Citizenship is particularly
UNHCR STOCKHOLM, 2016
75
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