4.6.4 The approach of legal representatives The review of participants’ case files revealed that, even in cases where the participant was demonstrably stateless and no issues of further investigation or proof arose, relatively few files contained detailed submissions relating to statelessness by legal representatives.219 This apparent lack of engagement by lawyers in statelessness may in part derive from the fact that, in contrast to refugee status, there is no provision or policy that sets out the circumstances in which stateless persons ought to be granted immigration status following recognition. Thus, there may be a lack of incentive to expend limited resources exploring questions of statelessness and nationality. In any event, it indicates a need for increased training and awareness-raising among lawyers and advice agencies. Furthermore, the government does not consider that proving statelessness is a matter for which legal aid should be granted because applications are straightforward.220 This conclusion does not accord with the evidence in this study which shows the complexities that exist in proving statelessness. Furthermore, the provision of legal aid is one mechanism by which the identification of stateless persons will improve, and is a necessary part of any statelessness determination procedures.221 Conclusions Despite the fact that the UK is bound by the obligations contained in the 1954 Convention, reference to the 1954 Convention was taken out of the Immigration Rules in 1980. Prior to 1980, the Immigration Rules contained a reference to the international conventions relating to stateless persons and, thus, stateless persons could rely on their protection. In addition, from 1998 a policy provided that those recognised as stateless, where they had no residence rights in another State and where the UK was the most appropriate country of residence, were granted the same period of leave to enter or remain as refugees. However that policy changed in 2002. At present, in the context of immigration law,222 statelessness appears to only provide an entitlement to a 1954 Convention Travel Document in limited circumstances, but there is no basis upon which they can first apply to be recognised as stateless. Current UK law and policy does not make specific provision to grant identity documents to stateless persons who do not possess valid travel documents. Stateless persons who are undocumented must seek immigration status either through relying on provisions where their statelessness is either irrelevant, for example through their marriage to an EEA national exercising treaty rights, or through regularisation programmes that they may qualify for, usually as failed asylum-seekers on the basis of long residence and established connections with the UK. 88 219 From a review of available immigration files it appeared that detailed submissions on statelessness were only made in relation to participants 2, 3, 5, 20, 28, 33 and 37. However, more cursory references to the fact of an individual being stateless were made in relation to some other participants, and for some cases it was not possible to review the full immigration file in order to assess whether representatives’ submissions engaged in detail with the issue of statelessness. 220 The Reform of Legal Aid in England and Wales: the Government Response, available at: http://www. justice.gov.uk/downloads/consultations/legal-aid-reform-government-response.pdf, p. 38 and p. 133. 221 See UNHCR, Geneva Summary Conclusions, para. 10. 222 Nationality law is discussed in Chapter 6. Mapping statelessness