The European Court of Human Rights has considered a number of cases in relation to
stateless persons.236 In applying the provisions of the Act, “[t]he duty of national courts is to
keep pace with the Strasbourg jurisprudence as it evolves over time: no more, but certainly no
less”.237 This chapter will examine some of the principles that derive from the caselaw of the
European Court of Human Rights, and how it should be applied to the particular situation of
stateless persons to ensure appropriate legal protection. The testimony of the participants in
the project shows that, at present, these principles are not always applied in practice.
5.2.2 International refugee law
The UK owes stateless persons who are also refugees obligations arising from the 1951
Convention.238 A refugee is defined in the relevant part Article 1A(2) of the 1951 Convention
as being a person who:
“…owing to well-founded fear of being persecuted for reasons of race, religion, nationality,
membership of a particular social group or political opinion, is outside the country of
his nationality and is unable or, owing to such fear, is unwilling to avail himself of the
protection of that country; or who, not having a nationality and being outside the country
of his former habitual residence as a result of such events, is unable or, owing to such
fear, is unwilling to return to it.”239
These obligations are cemented in EU law by the Qualification Directive.240 The UNHCR Prato
Summary Conclusions find that “[i]f a stateless person is simultaneously a refugee, he or she
should be protected according to the higher standard which in most circumstances will be
international refugee law, not least due to the protection from refoulement in Article 33 of the
1951 Convention”.241 However, not all stateless persons are refugees.242
Stateless persons claiming asylum in the UK are entitled to be treated in accordance with
the minimum standards contained in the Reception Conditions Directive243 and to have their
92
236
For example, Karassev and Family v. Finland, 31414/96, Council of Europe: European Court of
Human Rights, 12 January 1999, available at: http://www.unhcr.org/refworld/docid/45d076a92.html
Silvenko v. Latvia Application No. 48321/99, Kuric and Others v. Slovenia, Application no 26828/06,
Council of Europe: European Court of Human Rights, 13 July 2010, available at: http://www.unhcr.
org/refworld/docid/4c3f01312.html.
237
Ahsan Ullah v. Special Adjudicator; Thi Lien Do v. Secretary of State for the Home Department,
[2002] EWCA Civ 1856, United Kingdom: Court of Appeal (England and Wales), 16 December 2002,
available at: http://www.unhcr.org/refworld/docid/404f17c04.html, at 350 per Lord Bingham.
238
189 U.N.T.S. 150, in force 22 April 1954, UK ratification 11 March 1954.
239
Note that the Convention does not apply to those who fall within Article 1D, 1E and 1F.
240
Council Directive 2004/83/EC of the European Union on minimum standards for the qualification
and status of third country nationals or stateless persons as refugees or as persons who otherwise
need international protection and the content of the protection granted, (hereafter “the Qualification
Directive”).
241
UNHCR, Prato Summary Conclusions, para. 5.
242
See Ravenko v Secretary of State for the Home Department [2000] EWCA Civ 50 where the
Court of Appeal held that that a stateless person who is unable to return to his or her country of
habitual residence is not a refugee unless he or she is able to demonstrate a well-founded fear of
persecution.
243
Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception
of asylum-seekers, (hereafter “the Reception Conditions Directive”).
Mapping statelessness
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents