or exploitative situations. Indeed, a 2017 study
by the British Red Cross highlighted that many
unreturnable people with no status are vulnerable
to exploitation.36 A 2020 UNHCR Study on stateless
persons in the Czech Republic also found that the
absence of legal status for stateless persons made
them prone to exploitation.37 The existence of the
SDP is therefore of crucial importance to protecting
those who are stateless from harm within the UK and
is not merely an administrative matter. And whilst the
UK has demonstrated good practice in introducing it,
further progress is needed.
UNHCR’s recent audit has highlighted that there
are still concerns with policy and decision-making
in the SDP. This can result in stateless persons
going unrecognised and can exacerbate the
protection concerns they may be facing. In particular,
UNHCR’s audit highlights concern over the lack of
a requirement to interview all statelessness leave
applicants. This finding was also echoed in this
study, and many of the interviewees explained that
they felt that the authorities had forgotten the human
face behind their applications for statelessness
leave. They said they felt this because the Home
Office had not given them a chance to present
their story in an interview. The interviewees
understood that there are some who may take
advantage of the procedure, but they emphasised
that if they just had the chance to talk to the Home
Office in person about their situation, they could
show that they are credible, which would hopefully
speed up the process.
They therefore all suggested that interviews should
be a standard part of the application process.38
Their suggestions were in line with UNHCR’s
guidance which considers interviews to be a
fundamental procedural guarantee which provide
an important source of evidence in statelessness
claims.39 In this research, of the four with
statelessness leave, two had an interview as part
36
of their application. One was amongst the first
applicants to the SDP in 2014 and he described this
interview as more of an interrogation rather than a
joint effort to find a solution to his situation.
Some interviewees in this research felt let down by
the UK Government. They felt that the Government
was responsible for their predicament. For example,
in one case the Home Office had lost his original
passport and in another, the British High Commission
abroad had issued him a British passport in error.
One noted that “the [Home Office] acknowledged
the error but then didn’t do anything to resolve it,
and I don’t think that’s fair.” Another felt let down
because he felt that he was intentionally given poor
legal advice which led to his stateless situation, and
the Government had not assisted him in rectifying it.
Interestingly, some of those interviewed were hoping
to go home. One stated that he begged to go home.
Another was even waiting at the airport for a plane to
return but was stopped and was not allowed to board
because his country of origin was not willing to accept
him. He stated: “I really needed to go back home…I
went to the embassy and asked them why I cannot go
back home. There is still no answer”.
All interviewees seemed frustrated by their
situations and explained that the problem was that
they had nowhere to go.
‘Not a lot of people appreciate
what they have – there is so
much taken for granted. If
everything was sorted I could
make so much of myself
right now.’ - Paul
British Red Cross, Can’t Stay. Can’t Go, 2017, available from: https://www.refworld.org/docid/591965984.html
37
UNHCR, Faces of Statelessness in the Czech Republic, December 2020, available from: https://www.refworld.org/docid/5fcfc3234.html
38
UNHCR is not aware of how many overall cases the Home Office interviews, however, in UNHCR’s audit, of the 530 cases UNHCR were given to select from to audit, only 10
39
had interviews conducted, an interview rate of just under 2%.
See UNHCR, Handbook on Protection of Stateless Persons, Part Two: Procedures on the Determination of Statelessness, 30 June 2014, available from:
https://www.unhcr.org/dach/wp-content/uploads/sites/27/2017/04/CH-UNHCR_Handbook-on-Protection-of-Stateless-Persons.pdf
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