454 • Identifying the Stateless in the United Kingdom 80 81 82 83 84 85 86 87 88 89 Immigration Rules (n 77) para 401. This definition is in line with the internationally accepted definition of ‘stateless person’ as set out in the 1954 Convention. For a detailed analysis of the definition and its application, see Bianchini (n 2). UNHCR (n 4); HO, ‘Asylum Policy Instruction. V3.0’ (n 78) 19. On the exclusion of Palestinians, see Bianchini (n 5) 214–22. Immigration Rules (n 77) para 402. Similar exclusion grounds can be found in refugee law and the subsidiary protection framework. Geoff Gilbert, ‘Exclusion and Evidentiary Assessment’ in Gregor Noll, Proof, Evidentiary Assessment and Credibility in Asylum Procedures (Martinus Nijhoff Publishers 2005) 161–77. HO, ‘Asylum Policy Instruction. V3.0’ (n 78) 23. ibid 24. For further discussion on this exclusion ground, see section 4.2 below. GOV.UK, Visas and Immigration, ‘Apply to Stay in the UK as a Stateless Person’ <https://visasimmigration.service.gov.uk/product/flr-s> accessed 8 March 2020. Immigration Rules (n 77) para 403(d). HO, ‘Asylum Policy Instruction. V3.0’ (n 78) 15. It should be noted that the new para 403 of the Immigration Rules contains two additional requirements: that the applicant ‘(e) has sought and failed to obtain or re-establish their nationality with the appropriate authorities of the relevant country; and (f) … in the case of a child born in the UK, has provided evidence that they have attempted to register their birth with the relevant authorities but have been refused’. Explanatory Memorandum (n 25). Immigration Rules (n 77) para 403(f). Downloaded from https://academic.oup.com/ijrl/article/32/3/440/6065591 by guest on 04 July 2025 namely he or she must be a ‘person who is not considered as a national by any state under the operation of its law’.80 According to UNHCR and HO policy, this definition requires that a person’s nationality be assessed with reference to both black letter law and its application in practice.81 Paragraph 402 of the Immigration Rules excludes Palestinians who are currently protected and assisted by the United Nations Relief and Works Agency for Palestine Refugees in the Near East82 and all persons against whom there are serious grounds for considering that they have committed war crimes, crimes against peace or humanity, serious non-political crimes, or acts contrary to the purposes and principles of the United Nations (UN).83 The Immigration Rules also set out additional grounds that serve as the basis for denying stateless persons a grant of leave to remain: (1) under paragraph 403(c), those admissible to their country of former habitual residence or any other country where they will have permanent residence, and (2) under paragraph 404, those against whom there are reasonable grounds for considering that they are a danger to the security or public order of the UK. Under the former ground, a strict test is required in order to be excluded, and the person must have permanent residence and enjoy the rights normally attached to the nationality of that State.84 The latter ground only requires that the HO be ‘satisfied’ that reasonable grounds exist.85 As far as the procedure is concerned, applications for statelessness must follow particular rules. First, they must be filed using a specific online form published on the HO website.86 Secondly, applicants bear the burden of proof 87 to establish that they do not have a nationality on the balance of probabilities (that is, more likely than not).88 Since April 2019, and complicating the situation, the applicant must have ‘sought and failed to obtain or re-establish their nationality with the appropriate authorities of the relevant country’.89 This language is unclear as it does not specify precisely what is expected from the applicant.