Legal briefing on the rights of stateless Palestinians in the UK
September 2025
Occupied Territories’. For a detailed overview of the most recent data and critical analysis, see the
Statelessness Index: United Kingdom.
In addition to receiving protection as refugees or leave to remain as a stateless person, stateless
Palestinians also have rights deriving from the UK’s international obligations to prevent and reduce
statelessness. As a party to the Convention on the Rights of the Child (CRC) and the 1961
Convention on the Reduction of Statelessness (1961 Convention), the UK must grant nationality to
children born in its territory who would otherwise be stateless. Under Article 32 of the 1954
Convention, it also has obligations to facilitate the naturalisation of stateless people in its territory.
For further information on the provisions to prevent childhood statelessness in the UK, see the
Statelessness Index: United Kingdom and the report Invisible Kids: Childhood statelessness in the
UK.
1.3. Palestinians as stateless persons
Regardless of the procedure, it is important to determine if the applicant for protection is stateless.
In asylum claims, identifying statelessness is essential to determining a person’s asylum claim as it
may be a relevant factor in establishing a form of persecution or contribute to a risk of harm. This
includes, for example, where denial or withdrawal of nationality is linked to persecution as a
member of a particular ethnic or social group (e.g. being Palestinian), or where the denial of
economic and social rights on the basis of nationality status is so severe that it amounts to
persecution. Identifying statelessness is also relevant for procedural reasons, as the fear of
persecution for stateless persons must be assessed in relation to former countries of habitual
residence, rather than in relation to a person’s country of origin. If a stateless Palestinian is
unsuccessful in an asylum claim, they may also be eligible for leave to remain in the UK on the basis
of their statelessness.
Before outlining the various routes to protection or leave to remain available in the UK, it is
therefore vital to establish why most Palestinians should be considered stateless under
international law, unless they hold the nationality of another country.
1.3.1. The concept of statelessness
To be stateless is to not be considered a national by any State under the operation of its law. For
the millions of stateless people around the world, this can result in widespread denial of human
rights and violates the universal human right to a nationality. When not granted the protection they
are due under international law, stateless individuals face challenges accessing basic rights,
including the right to work or to access public funds or healthcare, and remain at risk of arbitrary
detention and excluded from social, civic and political life.20
20
Asylum Aid, Jesuit Refugee Service (JRS) UK, University of Liverpool Law Clinic, JustRight Scotland, ENS, Stateless People in the UK:
At Risk of Legal Limbo, In Need of Protection (2025). See also ENS, Protecting Stateless Persons from Arbitrary Detention: An Agenda
for Change (2017).
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