Statelessness & Citizenship Review 2021 V 3(1) STATELESS PEOPLE PRESUMED FOREIGN THROUGH SDP NORMS. According to migration and citizenship norms, as well as in the 23 SDP systems identified for this article, the concept of statelessness extends beyond a ‘person without nationality’. As is the case with migrants and refugees, stateless persons are considered aliens, immigrants, foreigners or perceived as ‘the other’. Legislation concerning citizenship, immigration, statelessness and SDP describes stateless persons as foreigners, 61 ‘third country nationals’, 62 ‘non-nationals’ or ‘non-citizens’, 63 ‘unknown nationality’, 64 ‘without nationality’ 65 or ‘undetermined nationality’. 66 These classifications result in the segregation of a 61 62 63 64 Spain: Organic Law 8/2000 of 22 December, Reforming Organic Law 4/2000, of 11 January, Regarding the Rights and Freedoms of Foreign Nationals Living in Spain and Their Social Integration (2000) art 34 (Spain): ‘The Ministry of Interior shall recognise the statelessness condition to those foreigners that have expressed they have no nationality’. Georgia: Law of the Republic of Georgia on the Legal Status of Aliens and Statelessness Persons (2014) (Georgia) (‘Georgian Aliens Law’). The scope of this law is to regulate the legal basis and mechanisms for entry, stay, transit and departure of aliens into/in/through/from Georgia. It also defines the rights and obligations of aliens and stateless persons at art 1(a): ‘alien — a person who is not a citizen of Georgia, as well as a person having a status of stateless person in Georgia’. Bulgaria: Law on Foreigners in the Republic of Bulgaria (1998) Prom SG 153, art 2(2) (Bulgaria): ‘A foreigner shall also be a stateless person, a person who is not considered a citizen of any country in accordance with its legislation’. Turkey: Law No 6458 ‘Law on Foreigners and International Protection’ (2013) 53(5) Official Journal 28615, art 3(1)(ş) (Turkey) (‘Turkish Foreigners Law’): ‘Stateless person: a person who does not hold the citizenship of any state and who is considered as foreigner’. Montenegro: Law 01-205/2 ‘Law of Foreigners’ (2018) 24-3 Official Gazette of Montenegro 17-1, art 2 (Montenegro) (‘Montenegrin Foreigners Law’): ‘a foreigner is a citizen of another state or a stateless person’. Costa Rica: Ley No 8764 de 2009 ‘Ley General de Migración y Extranjería’ [Law No 8764 of 2009 ‘General Law on Migration and Foreigners’] 170 La Gaceta, art 52 (Costa Rica) (‘Costa Rican Migration Law’): ‘Las personas extranjeras que pretendan ingresar bajo las categorías especiales, a excepción de las subcategorías de refugiados, apátridas o asilados, requerirán la visa de ingreso correspondiente’. Ecuador: Organic Law on Human Mobility (2017) Supplement Official Registry 938, art 57 (Ecuador): ‘Solicitantes de protección internacional. Los solicitantes de protección internacional son las personas extranjeras que solicitan al Estado ecuatoriano ser reconocidas como asiladas, refugiadas o apátridas’. Mexico: Law of Refugees, Political Asylum and Complementary Protection (2011) Federal Official Gazette, art 42 (Mexico). See also Regulation of the Law of Refugees and Complementary Protection (2012) Official Gazette of the Federation (Mexico). Hungary: Act II of 2007 ‘Admission and Right of Residence of Third-Country Nationals’, ch 1 s 2(a) (Hungary) “‘third-country national” shall mean any person who is not a Hungarian citizen and stateless persons’. Latvian Law on Stateless Persons (n 50) s 3(2): ‘A person who is a subject of the law on status of the former USSR citizens who do not have the citizenship of Latvia or that of any other State may not be recognised as a stateless person’. ‘The Netherlands Violated Child’s Right to Acquire a Nationality, UN Committee Finds’, United Nations Office of the High Commissioner (Press Release, 29 December 2020) <https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26631&LangI D=E>: The Human Rights Committee has found that the Netherlands violated a child's rights by registering ‘nationality unknown’ in his civil records as this left him unable under Dutch law to be registered as stateless and therefore be given international protection as a stateless child. 65 66 See also DZ v The Netherlands (n 34): ‘States need to determine whether a child would otherwise be stateless as soon as possible so as not to prolong a child’s status of undetermined nationality’. Philippines: Commonwealth Act No 613 ‘The Philippine Immigration Act of 1940’, s 13 (Philippines) considers the ‘admission of persons without nationality’ as admitting immigrants. The term ‘undetermined nationality’ sometimes differs in meaning to ‘stateless’ and, in others, is equated with it. For example: 74