Statelessness Determination Procedures
determination procedure is finally established. Like in the UK, 140 applications for
administrative review of negative decisions regarding statelessness determinations
could be sent to the ACNC. The problems with such a system, however, are that
administrative review committees, such as the ACNC, usually only look into the
procedural correctness of a decision, and, moreover, do not reverse decisions: they
only make recommendations to the responsible agency. Appeals, however, usually
lead to a reversal of earlier decisions if the procedures where not properly
applied. 141
We would therefore recommend the system in Moldova, where SDP appeals
go to regular courts. 142 In the case of Nigeria, we would specifically recommend
the Federal High Court, as the court with constitutional power to entertain matters
concerning citizenship and naturalisation, 143 or alternatively, the establishment of
a special Administrative Court, as France has done. 144 However, the French
Administrative Court’s decision has no suspensive effect, which means that, if the
foreigner is the addressee of a deportation order, the administration can carry it
out, even if the Administrative Court has not yet decided on the appeal. 145
Whatever approach Nigeria decides to take, administrative review or judicial
appeal, as argued in Part III(H), the initiation of the relevant procedure should
suspend the order of expulsion pending the outcome of the review or appeal.
CONCLUSION
Over the last years, the phenomenon of statelessness has attracted particular
attention, perhaps in the light of the strong connection between statelessness and
irregular immigration. 146 Yet neither of the two UN Statelessness Conventions
places an explicit obligation on contracting states to establish a statelessness
determination procedure. However, it is widely agreed that it is impossible to
effectively implement many of the provisions of these conventions without having
140 See UK Immigration Rules (n 136) appendix AR [AR2.3].
141 We would advise that an SDP system to allow self-auditing or external auditing of negative
decisions.
142 See Moldova Foreigners Regime (n 110) arts 878(2), 879(3).
143 Nigerian Constitution (n 113) s 251(1)(i) provides inter alia that ‘the Federal High Court shall
have and exercise jurisdiction to the exclusion of any other court in civil causes and matters’
relating to ‘citizenship, naturalisation and aliens, deportation of persons who are not citizens
of Nigeria, extradition, immigration into and emigration from Nigeria, passports and visas.’
The Federal High Court is the only competent court in Nigeria to entertain issues of
citizenship, naturalisation and other immigration matters in Nigeria. The court is a central
court but with divisions in each of the 36 States of Nigeria.
144 ENS Statelessness Index Survey: France (Report, European Network on Statelessness March
2019)
23
<https://index.statelessness.eu/sites/statelessindex.eu/files/ENS_Statelessness_Index_Surve
y-France-2018.pdf>. See also the French Public Administration website on appeals to
administrative judge: ‘Apatride: titre de séjour, document de voyage’ [Stateless Persons:
Residence Permit, Travel Document], Service-Public (Web Page) <https://www.servicepublic.fr/particuliers/vosdroits/F15402>.
145 For more information, see ‘Apatridie: Les voies de recours’, Office français de protection des
réfugiés et apatrides [French Office for the Protection of Refugees and Stateless Persons]
(Web Page) <https://www.ofpra.gouv.fr/fr/apatridie/les-voies-de-recours>.
146 Konstantina Keramitsi, ‘Addressing Statelessness in Greece under EU Law’ (PhD Thesis,
University
of
Macedonia,
2019)
6
<http://www.lse.ac.uk/HellenicObservatory/Assets/Documents/HO-PhD-Symposia/The-9th-HO-PhDSymposium/Symposium-Papers/Session-1/Migration-I-Security.pdf>.
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