1.2 Key findings The present report shows that, in addition to the absence of a statelessness determination procedure, the identification and protection of stateless persons is hampered by the absence of coordinated policy and guidance for government staff who encounter stateless persons in the course of the international protection procedure or immigration procedures. In the international protection procedure, statelessness per se does not entitle a person to refugee status or subsidiary protection. Stateless persons who seek asylum will, however, be granted international protection if they have a well-founded fear of persecution in line with the 1951 Convention Relating to the Status of Refugees (the Refugee Convention) or qualify for subsidiary protection under the International Protection Act 2015. UNHCR examined the treatment of stateless persons in the international protection procedure in Ireland and noted that, although they may not be officially registered as stateless persons at the outset, there is evidence of positive engagement by the International Protection Office (IPO) and International Protection Appeals Tribunal (IPAT) in examining protection risks linked to statelessness and making clear findings on statelessness during the analysis of their claims. One challenge identified, however, is the need to ensure that stateless persons are identified as stateless at the registration stage of their asylum application, as individuals may find it difficult to change their status at a later stage. This can have repercussions for them beyond the protection procedure including when it comes to renewal of their permission to reside in Ireland or in the context of deportation proceedings. In addition, as shown by the analysis of IPO reports and IPAT decisions, the lack of identification of stateless persons in the context of the international protection procedure affects the reliability of the government’s statistics on stateless persons in Ireland. Stateless persons may also feature in other immigration procedures. The failure to formally recognise a person as stateless means they are likely to face delays in resolving their situation and be left in a legal limbo for prolonged periods of time. The present report shows that stateless persons face numerous obstacles and administrative hurdles when engaging with various government departments. There appears to be no clear nor consistent approach on how to engage with stateless persons on the renewal of permission to remain and other matters such as the registration of immigration permissions or applications for travel documents. Individuals are often asked to obtain evidence of engagement with Embassies or Consulates to obtain formal proof they are not citizens of a particular country. However, there are no policies in place in relation to the burden or standard of proof in such situations, which means that ad hoc solutions are sometimes reached in individual cases with no consistent practice. This creates anxiety for individuals who often must resort to legal representation to help resolve their situation and even then, still experience lengthy delays in obtaining a resolution. In the absence of a statelessness determination procedure, stateless persons are also unable to enjoy their full rights under the 1954 Convention. This report examined, in particular, the practice of issuing travel documents and availing of Irish citizenship, noting inconsistencies in approach and a lack of clarity on procedures. Similarly, there are protection gaps in the procedures related to the grant of citizenship for potentially stateless children and in the revocation procedure, further increasing the risk of statelessness. 6 Mapping Statelessness in Ireland

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