CHAPTER 5: THE HUMAN RIGHTS CHALLENGES FACED BY STATELESS AND “UNRETURNABLE” PERSONS IN THE UK The human rights of stateless and “unreturnable” persons in the UK are guaranteed under existing obligations under international law. There are, however, significant gaps and omissions in the way in which stateless persons are treated in practice. This chapter examines some of the reasons why these obligations may not be met. It explores the extent to which both groups are at risk of human rights infringements, especially as a result of destitution, limitations on access to healthcare, arbitrary detention and disruption of family life. 5.1 Introduction The previous chapter examined the status of the 1954 Convention in UK immigration law and the significant problems that exist in identifying stateless persons in the operation of immigration control. This chapter will provide a complementary analysis of the human rights challenges faced by stateless and “unreturnable” persons in the UK. It will examine each issue by reference to the UK’s international obligations,223 taking into account the participants’ testimony, evidence in their immigration case files and current UK law and policy. It will also examine issues that were identified in the assessment of stateless persons’ claims for international protection, before drawing conclusions and making recommendations. The focus will be on the cases of persons left in limbo, predominantly after their asylum claim has been refused and appeal rights have been exhausted. One third of participants in the study had been held in administrative detention under powers contained in the Immigration Act 1971 at some point in time.224 All participants had, at some point, been granted temporary admission or release whereby they were at liberty subject to conditions, typically with a requirement to report to the UK Border Agency at varying intervals, along with restrictions on the place of residence and working. It is important to note that this is not the equivalent of a grant of leave to enter or remain and, as was set out in the previous chapter, stateless persons who have no outstanding claim to remain in the UK are expected to leave the UK, like other undocumented migrants.225 A small number, eight out of 37, of participants benefited from a grant of leave to enter or remain at the time they were interviewed for the research, resulting in significantly improved rights protection.226 90 223 In particular under the 1954 Convention, the 1951 Convention and international human rights law. 224 In particular, Schedule 2. 225 See Chapter 4, Section 4.4.2. 226 Participants 8, 9 19, 22, 23, 28, 33 and 37. Mapping statelessness