authorized by the State. The concept includes presence that is explicitly authorized, as well as
presence that is known and not prohibited, while taking into account all personal circumstances
of the individual.”476 Lawfully “includes stateless persons who had lawfully entered a country
whose permission to stay had not elapsed or those who have entered the country unlawfully and
had subsequently obtained permission to stay.”477 What constitutes “public order” within the
meaning of Article 31 is largely within the domain of the State party to determine. It could
include persons convicted of serious crimes, but not for “social grounds”, such as indigence,
illness, or disability.478
In regards to Article 31(2) of the 1954 Convention, stateless persons who are accused of
breaches to public order and national security are to be given the opportunity and resources to
submit evidence to clear them of the allegations. It is only in “compelling” circumstances, or in
such serious and unusual cases, that due process of law and procedural guarantees not be
applied.479
Expulsion is considered an exceptional measure for persons who are unable to leave the country
of their own volition.480 As a result, a final decision of expulsion does not result in an immediate
expulsion and Article 31(3) provides stateless persons with a period of time to seek admission to
another country.481 Furthermore, since Article 31(3) places an obligation on a stateless person to
seek “legal” admission to another country, it is assumed that the expelling state is not authorized
to expel a stateless person to a country that does not agree to accept them.482 It is in cases where
no country is willing to accept the stateless person and they are required to stay in the country,
that the country the stateless person is in “may apply such restrictions as are necessary…to
safeguard the interests of the state.”483 It was observed at the conference on the 1954 Convention
that given the nature of de jure statelessness, an expulsion order would probably rarely be
executed against a stateless person.484
II.
Canadian Legal Framework
a. Articles 31(1) & 31(2)
Foreign nationals who do not have a legal status in Canada are obliged to leave. 485 Where there
are reasonable grounds to believe that a foreign national is inadmissible, they may be subject to a
hearing before the Immigration Division of the IRB to determine their inadmissibility and issue a
removal order.486 Grounds of inadmissibility that may result in a foreign national being subject to
Handbook on Stateless Persons, supra note 12 at para. 135 & fn 80.
Robinson Commentary to the 1954 Convention, supra note 11 at 61.
478
Ibid.
479
Ibid.
480
Ibid.
481
Ibid.
482
Ibid., at 62.
483
Ibid., at 63.
484
Comment by the German representative in ibid., at 62.
485
IRPA, supra note 20 at s. 49. This includes those whose “lawful status” has expired, and therefore, are required to
leave Canada upon expiration. See also Statelessness in the Canadian Context, supra note 4 at 53.
486
IRPA, ibid., at ss. 44(2) & 45(d), and IRPR, supra note 21 at s. 228
476
477
100
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