discrimination and the resulting discriminatory nationality laws and practices were the main causes of instances of statelessness as identified by the Tribunal from 2014 to 2019. Overall, this analysis of both IPO and IPAT decisions indicates that decision-makers and Tribunal members are engaging with issues related to statelessness, but this is not necessarily being accurately recorded in the biodata information of the decisions themselves when referring to country of origin or nationality, or in relation to the biodata concerning the applicant on AISIP. It is important that a person is clearly identified as being stateless in the asylum procedure, not only in the substantive assessments, but in all related databases and registers. Failure to correctly identify their status will have repercussions for them. For example, should they be granted international protection there may be ramifications when it comes to later administrative requirements such as when renewing residence permission or applying for citizenship. Similarly, there may be implications for persons assessed not to be in need of international protection when it comes to the subsequent deportation process and identification of the relevant country for removal purposes. Where a stateless person is found not to be in need of international protection by the IPO and IPAT, they may still be granted permission to remain under section 49 of the International Protection Act 2015.80 In the absence of a formal determination process, an interim solution would be for the Minister for Justice, and IPO authorised officers on her behalf, to grant permission to remain to stateless persons on the basis of a finding of statelessness in this procedure. In the case of a negative outcome, a deportation order will be issued obliging the applicant to return to his or her country of habitual residence, something which is rarely possible in practice. 3.2.3 Immigration Procedures Stateless persons are not only found in the protection procedure but may also appear in various immigration procedures in Ireland. Under Section 3 of the Immigration Act 1999 when the Minister for Justice is considering the making of a deportation order, she will consider on a discretionary basis whether or not to grant permission to remain.81 Immigration Service Delivery (ISD) in the Department of Justice considers the representations made by persons in this situation i.e. those persons who have been notified of a proposal to make a deportation order in respect of them and who, in response, have submitted written representations in response to that proposal. This legislative provision makes no specific reference to stateless persons but rather refers to the Minister for Justice’s obligation to consider any representations made against deportation, on humanitarian or other specified grounds, when considering whether or not to make a deportation order. The Minister for Justice must also take into account human rights obligations under the European Convention on Human Rights Act 2003.82 In addition, there is a general discretion under immigration legislation to grant permission to persons to remain in the State. Section 4 of the Immigration Act 2004 states that ‘an immigration officer may, on behalf of the Minister, give to a non-national a document, or place on his or her passport or other equivalent document an inscription, authorising the non-national to land or be in the State.’83 Similarly, where a person already has an immigration 80 Section 49 International Protection Act 2015 “(1) Where a recommendation referred to in section 39 (3)(c) is made in respect of an application, the Minister shall consider, in accordance with this section, whether to give the applicant concerned a permission under this section to remain in the State (in this section referred to as a “permission”). (2) For the purposes of his or her consideration under this section, the Minister shall have regard to— (a) the information (if any) submitted by the applicant under subsection (6), and (b) any relevant information presented by the applicant in his or her application for international protection, including any statement made by him or her at his or her preliminary interview and personal interview. (3) In deciding whether to give an applicant a permission, the Minister shall have regard to the applicant’s family and personal circumstances and his or her right to respect for his or her private and family life, having due regard to— (a) the nature of the applicant’s connection with the State, if any, (b) humanitarian considerations, (c) the character and conduct of the applicant both within and (where relevant and ascertainable) outside the State (including any criminal convictions), (d) considerations of national security and public order, and (e) any other considerations of the common good.” 81 Immigration Act, 1999 (as amended by Trafficking Act, 2000) [Ireland], No. 22 of 1999, 7 July 1999, available at: https://www.refworld.org/docid/3ae6b60b12.html 82 Ireland: Act No. 20 of 2003, European Convention on Human Rights Act 2003 [Ireland], 30 June 2003, available at: https://www.refworld.org/docid/47a708170.html 83 Immigration Act 2004 [Ireland], 13 February 2004, available at: https://www.refworld.org/docid/45e6f47a2.html UNHCR 23

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