Similarly, while a form of protection (including some kind of immigration status), may be
necessary in the short term, grant of residence may not be necessary where an individual
can acquire or re-acquire nationality of another State within a reasonable period of time
through simple, accessible and purely formal procedures, where the authorities do not
have any discretion to refuse to take the necessary action.”151
4.4.4 Identity and Travel Documents
The 1954 Convention makes specific provision to ensure that stateless persons are able to
obtain identity documents and, if lawfully staying on the territory, travel documents. The two
relevant provisions “are intended to act in conjunction to ensure that every stateless person
benefits from one form of documentation or another”.152
Article 27 of the 1954 Convention provides: “The Contracting State shall issue identity papers
to any stateless person in their territory who does not possess a valid travel document”.
A leading commentary on the 1954 Convention sets out the nature of the obligation that this
places on state parties to the Convention:
“The ‘identity papers’ with which Article 27 deals are for internal use, as contrasted with
the ‘travel documents’ to be used for journeys abroad. It is a paper certifying the identity
of a stateless person (certificate of identity) and, in countries with a passport system, a
substitute for a ‘domestic’ passport. Contrary to other articles, Article 27 deals with ‘any
stateless person in their territory’, thus indicating verbally that neither residence nor even
lawful presence is required. All that is necessary, is that the stateless person be physically
in the territory of the given state. It was made clear in the Refugee Conference that this
Article in no way impaired the right of Contracting States to control the admission and
sojourn of refugees in other words, the issuance of an identity paper does not obligate the
state to keep the stateless person within its borders.
“The Convention does not prescribe the nature of the identity papers. As said, they may
be temporary or final; they need not be official papers in the sense used in Europe and
may [simply] consist of a document showing the identity of the [the stateless person]. In
countries where no identity papers are required or issued, Article 27 would not impose on
stateless persons an obligation to possess one because its purpose is only to safeguard
the interests of the stateless persons, and not to stigmatize them in any way.”153
There is no provision in UK immigration law that allows for stateless persons who do not
possess travel documents to apply to the UK Border Agency to be recognised as stateless
and obtain identity documents if they do not have a valid travel document. This gap appears
to conflict with the UK’s international obligations.154
151
UNHCR, Geneva Summary Conclusions, paras. 25 and 27.
152
Van Waas, L., Nationality Matters: Statelessness under International Law, Intersentia, 2008, p. 374,
citing Goodwin-Gill, G., and McAdam, J., The Refugee in International Law, Oxford University Press,
2007, p. 515.
153
Robinson, N., The Convention relating to the Status of Stateless Persons. Its History and
Interpretation, UNHCR, 1955, available at: http://www.unhcr.org/refworld/docid/4785f03d2.html.
154
There are specific provisions in UK law and policy to provide an Application Registration Card
to asylum-seekers, the card is issued only to asylum-seekers and does not claim to constitute
identity papers. See UK Border Agency. Asylum Policy Instruction Application Registration Card,
July 2006, available at: www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/
asylumpolicyinstructions/apis/applicationregistrationcard.pdf?view=Binary.
in the United Kingdom
73
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