set out above reveals that not all stateless and “unreturnable” refused asylum-seekers receive
section 4 support even though they “cannot be returned”. The Regulations and Guidance
should be applied in a way that stateless and “unreturnable” persons who are not deemed
“ordinarily resident” are able to access necessary and urgent secondary healthcare in
compliance with the UK’s obligations under international human rights law.
5.5 Detention
In 1997, UNHCR noted that there was an emerging trend across the globe of stateless
persons being held in detention. The causes underlying the issue appeared to vary from
State to State and the magnitude of the problem was not clear. It was therefore identified as
an area that required further study with reference to “principles of international law relating
to arbitrary detention, the right to return and agreements between States on confirmation of
nationality”.333
One third of the participants in the research had been detained under immigration powers.334
The amount of time that each individual spent in immigration detention ranged from three
days to over five years. Although the reasons for immigration detention varied greatly from
case to case and often depended on personal circumstances, these figures indicate that the
trend identified by UNHCR also exists in the UK. That said, the quantitative evidence analysed
in Chapter 3 is insufficiently robust to draw conclusions about the scope of the problem.335
The experiences of Fatima, set out below, show the risks stateless persons face of being
placed in immigration detention and, also, the personal impact that even a short period in
detention can have on the individual.
Name:
Country of origin:
Date of arrival in UK:
Time in detention:
Time in limbo:
Current status:
Fatima (Participant 31)
Kuwait (Bidoun)
April 2008
3 days
32 months
None
Fatima is a 27 year old stateless Bidoun from Kuwait who arrived in the UK and claimed
asylum in April 2008. Fatima describes having attended school in Kuwait until the Gulf
War in 1991, after which she and her family suffered increasing discrimination. None of
the family was entitled to Kuwaiti citizenship so they were forced to live a precarious
existence as illegal residents. Over the years, her father had made numerous but futile
attempts to obtain Kuwaiti citizenship. Instead they were issued with “green” identity
cards, which simply confirmed their irregular status and bestowed no entitlements to
rights or services.
The family’s situation worsened after her brother’s involvement in protests for Bidoun
rights came to the attention of the authorities. He fled the country but the authorities
continued to harass the family. In April 2008, concerned for her safety, her father arranged
for Fatima to leave the country.
104
333
UN High Commissioner for Refugees, UNHCR Brief on Statelessness and Detention Issues, 27
November 1997, available at: http://www.unhcr.org/refworld/docid/4410638fc.html.
334
Participants 4, 7, 13, 14, 18, 19, 24, 25, 26, 31 and 35.
335
See Section 3.4.
Mapping statelessness
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