In addition to the problems identified within the current legal and policy framework, there is significant evidence that statelessness is not appropriately identified within the operation of immigration control. The evidence indicates that this is true both when an individual presents initially to the UK Border Agency but, also, in the context where the Agency is seeking to redocument a non-national for the purposes of removal. The lack of appropriate identification of statelessness resulting from the lack of a statelessness determination procedure potentially contributes to inefficient border control. In addition, there is evidence that the current framework contributes to profound human rights concerns for stateless persons on the UK territory, which will be discussed in detail in the next chapter. Recommendations The UK should incorporate the 1954 Convention into domestic law to ensure that stateless persons in the UK are able to access their rights guaranteed under the Convention. The Home Office and UK Border Agency should develop an accessible procedure for identifying stateless persons on the territory in order to meet the UK’s legal obligations under the 1954 and 1961 Conventions and in international human rights law. The Home Office and UK Border Agency should develop guidance on the identification of stateless persons and adopt a position in accordance with forthcoming UNHCR Guidelines on the definition of “stateless person” in international law. In particular this guidance should ensure that the burden of proof is shared between the applicant and the State and that the approach to assessing evidence meets the developing understanding of the interpretation and application of Article 1(1) of the 1954 Convention. It should make it clear that statelessness may only become apparent during the process of documentation to allow a person to return to a foreign State, and in the light of responses received from that State’s consular or other national authorities. The UK government should ensure that legal aid is available to stateless persons, who cannot afford to pay for a lawyer themselves, and are seeking to have their status recognised. Legal aid is a necessary part of an efficient procedure for determining statelessness and helps to ensure that the UK’s legal obligations under the 1954 Convention and in international human rights law are met. in the United Kingdom 89