The limited conclusions that can be drawn from this data are, first, that stateless persons
are detained under Immigration Act powers in the UK. This is supported by the participants’
testimony.98 Secondly, the majority of “stateless” persons detained appear to have claimed
asylum. Thirdly, although the data indicating that stateless children appear to have been
detained is particularly concerning, this issue may be addressed by changes in government
policy in respect of the detention of children.99
Removals and voluntary departures
The researchers examined published data on removals and departures from the UK of those
categorized as either “stateless” or of “other or unknown” nationality dating back to 2004.
This data included: persons subject to enforced removals (including removals of asylumseekers to third countries under the provisions of the Dublin Regulation),100 persons departing
voluntarily after notifying the UK Border Agency of their intention to leave prior to their
departure, persons leaving under an Assisted Voluntary Return Programme101 and persons
who it has been established left the UK without informing the immigration authorities. On
an initial overview of the data, higher numbers of removals exist of persons categorized as
either “stateless” or of “other or unknown nationality” than might be expected with a total
of 3,577 removals and departures over a seven year period. One would expect the numbers
of removals of stateless persons to be small because stateless persons are often unable to
depart from the UK because no other state will admit them to their territory. However, there is
a significant risk that the numbers in the published data may be inflated because again, the
categories that comprise the “stateless” nationality category in this dataset include refugees
with the categories.102 The figures also include dependants.
Upon request and for the purposes of this research, however, the Home Office’s Migration
Statistics Team has provided disaggregated data so as to exclude the refugee categories and
in doing so better identify just those individuals categorised as “Stateless - Defined Article
1 1954 Convention”, “Nationality Unknown Officially Designated as Stateless”, “Kuwaiti
Bidoun” and “Officially stateless”, referred to below as a collective “Stateless Persons”
grouping. The data shows that only 17% of cases in the original “stateless” category within
UK Border Agency published statistics relate to the non-refugee stateless population (i.e. 602
cases of 3,577). The vast majority of removals have involved those categorised as refugees,
presumably individuals travelling on Refugee Convention Travel Documents.
98
See Chapter 5.
99
For details of the Government’s current policy position on the detention of children and families
see UK Border Agency, “Enforcement Instructions and Guidance”, Chapters 45 and 55, available
at: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/enforcement/
oemsectione/chapter45?view=Binary and http://www.ukba.homeoffice.gov.uk/sitecontent/
documents/policyandlaw/enforcement/detentionandremovals/chapter55.pdf?view=Binary.
100
Council Regulation (EC) No 343/2003, of 18 February 2003 establishing the criteria and
mechanisms for determining the Member State responsible for examining an asylum application
lodged in one of the Member States by a third-country national.
101
See UKBA: Voluntary Returns, available at: http://www.ukba.homeoffice.gov.uk/asylum/outcomes/
unsuccessfulapplications/voluntaryreturn/.
102
The CID “nationality categories” included are “Nationality Unknown Officially Designated as
Stateless”, “Stateless – Defined 1954 Convention”, “Refugee – Defined 1951 Convention”,
“Stateless Refugee – Other”, “Officially stateless” and “Kuwaiti Bidoun”.
in the United Kingdom
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