refugee status for some of those with temporary residence, and to ensure that
this is done in line with the demands of the cessation provisions for stateless
refugees in the 1951 Convention. The wording of the above SMA policy
position, only notes the extension of the temporary permit if there continue to
‘be grounds for protection’. However, Sweden, in contravention to its
obligations under the 1954 Convention does not consider statelessness as
grounds for protection. Further to this, the ‘grounds for protection’ must
include consideration of the stateless refugee’s ability to return to their country
of previous habitual residence, if Sweden is to meet its obligations under the
1951 Convention.
If this is not managed carefully, stateless refugees may find themselves in legal
and administrative limbo, with no status and being unable to return to their
country of previous habitual residence. This uncertain status, which UNCHR
warns against, and the consequences of this can be understood by referring to
the literature on those who occupy a ‘state of deportability’, or who fall into the
deportation gap in Sweden (see DeBono et al, 2015).
Summary
With regard to how law and policy related to identifying statelessness in the
Danish and Swedish asylum systems, or addressing it following the acceptance
of a refugee, contribute to, or address, the situation of indefinite statelessness
for stateless refugees, both states can be seen to face some common challenges
and gaps. Neither Denmark or Sweden has established a definition of
statelessness in their law or policy and their assessment of statelessness cannot
be considered formal stateless determination procedures (SDP). Indeed, neither
state provides their migration agencies with policy and guidance on the
assessment of statelessness. The substantial discretion in assessments resulting
from the lack of guidance has led to many people being registered with various
nationality statues (for which there is also not guidance or standardisation), and
some with incorrect nationalities. These incorrect assessments can be a barrier
to securing permanent residence and eventually naturalisation, as they put the
credibility of the applicant’s identity in question. Thus, they may lead to the
prolonged or indefinite statelessness in both Denmark and Sweden.
With regard to the initial identification of statelessness in Denmark and
Sweden, it is the responsibility of stateless refugees to raise their statelessness
during the asylum procedure. This is problematic as it assumes the person
knows of, and can prove, their statelessness. There is also no agreed shared
burden of proof between the individual and the DIS or SMA. Proving
statelessness, can be very difficult for any stateless person. However, stateless
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