SUB-REGIONAL OVERVIEW: THE PACIFIC Australia has endeavoured to meet its international obligations following ratification of the conventions. For example, as a party to the 1961 Convention, Australia has an international obligation to prevent children from being born stateless.1425 As such, section 21(8) of the Act provides that a person born in Australia who is not, has never been, and is not entitled to acquire citizenship or nationality of a foreign country (i.e. is stateless), is eligible for Australian citizenship.1426 However, from a practical view, even when a person has a strong prima facie entitlement to Australian citizenship under section 21(8), they are likely to experience significant delays and administrative barriers throughout the application process, given that there are no fixed timeframes for the acquisition of citizenship even if all criteria are met, and it is in the absolute discretion of the Minister for Immigration, Citizenship and Multicultural Affairs.1427 As such, while efforts are being made to incorporate the treaties in local law, there are still some gaps in the practical implementation. Australia is one of only three states in the Asia-Pacific that is party to both Stateless Conventions, the Refugee Convention and all relevant human rights treaties. SUB-REGIONAL OVERVIEW: THE PACIFIC observations by the CEDAW Committee, which expressed concerns regarding birth registration for indigenous communities, which has resulted in limited access to services for indigenous women and girls.1431 It was recommended that Australia remove late registration fees and strengthen mobile registration services.1432 As a party to the CRC, Australia is bound to ensure that every birth in its territory is registered immediately.1433 Population Reported stateless persons The 2021 UPR submission for Australia stated that several states have recorded an increase in birth registration rates Aboriginal and Torres Strait Islanders.1434 In the National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21,1435 it is stated that the Australian government takes seriously its responsibility to the Australian people to administer an orderly migration system, which is an essential facet of national sovereignty. A non-citizen who does not hold a valid visa is an unlawful citizen and must be detained under the [Migration Act (1958)]”. It also stated that detention in an immigration detention centre would be the last resort for the management of unlawful non-citizens.1436 Despite the recommendations by UNHCR, Australia being Concluding observations by the Human Rights Committee included concerns regarding the revocation of citizenship, among other hastily adopted measures, in counter-terrorism efforts.1428 In 2019, the CRC Committee’s concluding observations recommended that Australia consider revoking the 2015 amendment to the Citizenship Act that allows the loss of citizenship for children under 18 found to have acted inconsistently with their allegiance to Australia.1429 The Committee also urged Australia to ensure free birth registration and birth certificates for all children, “in particular Aboriginal and Torres Strait Islander children, children living in remote areas and children in child protection services.”1430 This was echoed in the 2018 concluding 124 a State party to the conventions on statelessness, still has not implemented a statelessness determination procedure, which it has also been recommended to do by UNHCR as a State party to the conventions on statelessness.1438 STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) Australia’s Pledge to End Statelessness At the 2023 Global Refugee Forum, Australia made a pledge “to become members of the Global Alliance to End Statelessness (once established) to actively and collaboratively support the vision of a world free from statelessness so that everyone enjoys the right to nationality without discrimination”.1437 Australia has experienced an overall upward trend in the number of reported stateless individuals in the country. In 2022, Australia reported 8,314 stateless persons to UNHCR.1439 This number has increased significantly over the past 5 years, with 52 stateless persons reported in 2017 and 132 in 2018.1440 In 2020, Australia reported 5,221 reported stateless persons and 7,700 in 2021.1441 Notably, it was one of 5 countries that did not submit data to UNHCR’s global trends report in 2019, providing no reasoning as to why data reporting was paused that year.1442 No comprehensive mapping of statelessness or statelessness status determination procedure in Australia has been undertaken to date.1443 The availability of data regarding the number of stateless persons in Australia is contingent upon reports sourced from the Australian Government.1444 These reports only include statistics on those held in detention centres, those involved in the application process or who have been issued an Onshore Humanitarian Visa, and those who self-identify as stateless.1445 Furthermore, Permanent Residents and Permanent Protection Visa holders and those who arrived through the annual Special Humanitarian Program or the national Migration Program are excluded from these statistics.1446 These gaps in data collection imply that the actual number of stateless individuals in Australia is considerably higher than the reported figures provided by the government. This is because Australia lacks a comprehensive legal procedure for identifying stateless persons. However, it is noted that Australia has pledged to ‘better identify stateless persons and assess their claims. UNHCR has recommended that parties to the 1954 Convention (including Australia) establish a statelessness determination procedure (SDP), which is a formal centralised domestic process for determining the status of stateless persons. Without an SDP, it is difficult to determine who is owed rights and entitlements under the 1954 Convention. By establishing an SDP, there is an opportunity to create a specific visa category for recognised stateless persons, providing for ‘permanent protection’ with the possibility of naturalisation, which conforms with the 1954 Convention. An SDP would also seek to assist in compiling accurate and comprehensive data about the extent of statelessness in Australia. Persons at risk of statelessness Indigenous and Aboriginal communities in Australia have historically faced marginalization, including a lack of access to social services and comparatively lower birth registration, contributing to an increased risk of statelessness TABLE 33 Reported stateless persons to the UNHCR Country Australia 2019 (year start)1447 2020 (year end)1448 2021 (year end)1449 2022 (year end)1450 – 5,221 7,700 8,314 Source: UNHCR, Global Trends: Forced Displacement from 2019-2022. REPORT 2024 125