seeking approval for a change of address.458 However, these provisions apply equally to any foreign national who is released from immigration detention. III. Assessment Based on the legal framework explained above, it appears the Canadian legal framework is compatible with Article 26 of the 1954 Convention. This is because the IRPA and the IRPR by definition treat foreign nationals the same as stateless persons, and as a result, stateless persons are assimilated with all aliens in the same circumstances in their right to choose their place of residence and to move freely within Canada. ARTICLE 27 & ARTICLE 28: IDENTITY PAPERS AND TRAVEL DOCUMENTS The Contracting States shall issue identity papers to any stateless person in their territory who does not possess a valid travel document. The Contracting States shall issue to stateless persons lawfully staying in their territory travel documents for the purpose of travel outside their territory, unless compelling reasons of national security or public order otherwise require, and the provisions of the schedule to this Convention shall apply with respect to such documents. The Contracting States may issue such a travel document to any other stateless person in their territory; they shall in particular give sympathetic consideration to the issue of such a travel document to stateless persons in their territory who are unable to obtain a travel document from the country of their lawful residence. I. Background & Commentary Article 27 of the 1954 Convention is identical to Article 27 of the 1951 Refugee Convention. It requires the issuance of “identity papers” to any stateless person physically present in the Contracting State’s territory, regardless of residence or lawful status.459 The “identity papers” referred to in the 1954 Convention are for internal use and can be temporary or final. The issuance of an identity paper does not result in an obligation of the state to keep the stateless person within its borders.460 Compared to “travel documents” referred to in Article 28, “identity documents” act as a “certificate of identity” or “domestic passport” showing the identity of the stateless person, they are not for journeys abroad.461 With respect to travel documents, stateless persons must be “lawfully staying” in the country to benefit from the rights in Article 28. The Article is obligatory, but the Commentary on the 1954 458 For example see, Hussain v. Canada (Minister of Public Safety and Emergency Preparedness), 2008 FC 234, available at: http://canlii.ca/t/1vvb8. 459 Robinson Commentary to the 1954 Convention, supra note 11 at 50. 460 Ibid. 461 Ibid. 96

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