Figure 15: CID case records of decisions to grant or refuse applications under European
Economic Area Regulations by relevant nationality groupings (2006 – 2010)
2010
2009
2008
2007
2006
200
160
120
80
40
0
40
GRANTED
Article 1 1954 Convention
80
120
160
200
REFUSED
Nationality currently unknown
Unspecified nationality
Source: Management information request CPO-11-1083 received 16 August 2011 from UKBA
performance services team. Please note the figures quoted are not provided under National
Statistics protocols and have been derived from local management information and are
therefore provisional and subject to change.
In conclusion, the UK Border Agency’s management information indicates that annually there
are up to approximately 200 hundred grants of leave to remain, indefinite leave to remain or
the issuing of a residence card evidencing a right to free movement in EU law to persons
attributed the “Stateless – Article 1, 1954 Convention” nationality category on CID. This
indicates that there are stateless persons who are undocumented on the UK territory and are
able to regularise their immigration status, or that there are some stateless persons who have
always had leave to enter or remain and presumably arrive with a visa or prior entry clearance
or that it is a combination of both circumstances. The researchers only received the referral
of one participant who was stateless and had travelled to the UK with prior entry clearance,90
but that could be explained by the fact that this group’s situation is regular, they do not face
the same human rights challenges as those without leave to remain and they do not present
a particular challenge to immigration control.
The data in respect of entry clearance and grants of leave to enter indicate that there is a
population identified as stateless who are arriving in a regular manner. Nonetheless, taking the
quantitative and qualitative data together it appears likely that there is a small population of
undocumented stateless persons who have been able to regularise their immigration status,
usually after an asylum claim fails. The basis upon which they have regularised their immigration
status, however, is not directly related to their statelessness. This appears to be consistent
with the published statistics in respect of asylum applications, but is inconsistent with the
analysis of the data relating to entry clearance and visa applications and the passengers
travelling to the UK. The inconsistencies can, however, be explained by the fact that refugees
appear in the entry clearance and leave to enter statistics as stateless persons. When the
statistics were disaggregated this showed that only 16% of all passengers given leave to
enter or remain were in fact “stateless”.
90
48
Participant 1.
Mapping statelessness