other international human rights instruments.473 Therefore, although there are identified legal
gaps in the Canadian legal framework respecting identity papers and travel documents under the
1954 Convention, there are no international human rights obligations on Canada to provide such
documents to stateless persons.
IV.
Recommendations
23) Canada should provide identity papers to all stateless persons who are physically present in
its territory.
24) Canada should provide a travel document to stateless persons who are not permanent
residents, but who are “lawfully staying” in its territory. The travel document should allow
stateless persons to re-enter Canada after travelling outside Canada.
ARTICLE 31: EXPULSION
1. The Contracting States shall not expel a stateless person lawfully in their territory save on
grounds of national security or public order.
2. The expulsion of such a stateless person shall be only in pursuance of a decision reached in
accordance with due process of law. Except where compelling reasons of national security
otherwise require, the stateless person shall be allowed to submit evidence to clear himself, and
to appeal to and be represented for the purpose before competent authority or a person or persons
specially designated by the competent authority.
3. The Contracting States shall allow such a stateless person a reasonable period within which to
seek legal admission into another country. The Contracting States reserve the right to apply
during that period such internal measures as they may deem necessary.
I.
Background & Commentary
Article 31 of the 1954 Convention is identical to Article 32 of the 1951 Refugee Convention on
expulsion. Article 31(1) provides a prohibition to expelling stateless persons lawfully in a
Contracting State’s territory. Once a stateless person has been admitted or legalized, they are
entitled to stay in the country indefinitely, unless the stateless person becomes a national security
risk or by disturbing public order. A decision to expel on grounds of national security and public
order must be in accordance with the procedure prescribed in 31(2).474
Since Article 31(1) addresses the expulsion of stateless persons “lawfully in” the country, there
are no similar safeguards available to stateless persons who are unlawfully in the territory of the
state.475 “Lawfully in” a State party requires a stateless person’s presence in the country to be
Handbook on Stateless Persons, supra note 12 at para. 143.
Robinson Commentary to the 1954 Convention, supra note 11 at 61.
475
Ibid.
473
474
99
99
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