Whenever an administrative procedure allows for discretion in granting citizenship,
applicants for citizenship cannot be considered nationals until their applications
have been completed and approved and the citizenship of that State is granted in
accordance with the law. Individuals whom the law defines as eligible to apply for
citizenship but whose applications are rejected are not citizens of that State under
operation of that State’s law.
UNHCR’s Handbook on Protection of Stateless Persons provides guidance to States,
UNHCR and other actors on how to interpret Article 1(1) of the 1954 Convention
to facilitate the identification and proper treatment of beneficiaries of the 1954
Convention.
Although the 1954 Convention establishes the international legal definition of a “stateless
person”, and the standards of treatment to which such individuals are entitled, it does
not prescribe any mechanism to identify stateless persons. However, it is implicit in the
1954 Convention that States must identify stateless persons within their jurisdictions
in order to provide them appropriate treatment to comply with their Convention
commitments. UNHCR’s Handbook on Protection of Stateless Persons provides guidance
to States and UNHCR on the establishment of national procedures which are aimed
specifically at determining whether a person is stateless. Through its representations/
offices or its services at Headquarters, UNHCR is available to provide advice on how to
create and implement these procedures, if requested.
Can a stateless person also be a refugee?
Although most stateless people worldwide live in the country in which they were
born, a significant number have fled their countries to escape persecution on grounds
of race, religion, nationality, membership of a particular social group or political
opinion. Such people are stateless refugees.
On its own, statelessness does not generally constitute persecution under the
refugee definition set out in the 1951 Refugee Convention, but it may well be an
element of persecution taken cumulatively with other factors. Arbitrary deprivation of
nationality on discriminatory grounds may on its own give rise to a well‑founded fear
of persecution, in particular where it results in statelessness.
The drafters of the 1951 Refugee Convention and the 1954 Convention decided to
create two separate legal regimes to protect refugees and stateless persons. While
the 1951 Refugee Convention covers refugees, including those who are also stateless,
the 1954 Convention is designed for stateless persons who are not refugees.
Most of the rights granted to stateless persons under the 1954 Convention are
the same as those granted to refugees under the 1951 Refugee Convention.
However, due to the specific situation of refugees, the 1951 Refugee Convention
contains specific reference to non‑penalization for unlawful presence or entry and
to non‑refoulement. These principles are not contained in the 1954 Convention. As
such, if a person qualifies for both refugee and statelessness status, the State must
apply to him or her the more favourable provisions of the 1951 Refugee Convention.
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