3.4 Published statistics: enforcement and compliance
Detention
As discussed later in this report, the research indicates that stateless persons who are
undocumented, do not have the opportunity to regularise their stay on the basis of their
statelessness and, consequently, are particularly vulnerable to arbitrary detention and, further,
that there are gaps in the legal regime which could protect stateless persons in the UK from
arbitrary detention.96 Data in respect of immigration detention of stateless persons is therefore
particularly important as a mechanism for monitoring this area of concern. The only relevant
data available covers 2009 and 2010 and is not very detailed.
There is also here a problem in respect of categorisation. The categories included within
the definition of stateless person in these figures are: “Stateless Person (Article 1 of 1954
Convention)”; “Refugee – Article 1 of the 1951 Convention”; “Refugee other”; and “Kuwaiti
Bidoun”. The data provided therefore conflates stateless persons with refugees. However,
the inclusion of a specific group, “Kuwaiti Bidoun”, who are often recognised as stateless97 is
beneficial. Nonetheless, categorisation issues limit how much the figures can be relied upon.
There are also shortcomings in the data itself which makes it difficult to draw meaningful
conclusions. For example, detainees may be recorded more than once if the person has
been detained on more than one separate occasion, and the figures also include dependants.
Furthermore, the data omits crucial information about the length of time an individual has
been detained, and whether that detention is pending removal (as is likely to be the case) or
justified upon other grounds. In addition, the data does not tell us the circumstances of the
release from detention.
Figure 21: People entering detention by country of nationality, sex, place of initial detention
and age
Total
Male
Female Total adult Total child Adult asylum
detainees detainees detainees detainees detainees
detainees
2009
2010
Stateless
58
52
6
58
0
37
Other or unknown
33
27
6
30
3
2
Stateless
53
47
6
52
1
34
Other or unknown
24
17
7
24
0
3
Source: Published Immigration Statistics: April – June 2011, Table 3 of detention statistics.
52
96
See Chapter 5, section 5.5.
97
See Open Society Justice Initiative, De Jure statelessness in the Real World: Applying the Prato
Summary Conclusions, Bingham, L., Harrington-Ready, J and Kohn, S., 2011, available at: http://
www.soros.org/initiatives/justice/articles_publications/publications/prato-20110302/pratostatelessness-20110303.pdf p. 21.
Mapping statelessness