Statelessness Working Paper Series No. 2017/06
5. Conclusion
Stateless children born in Australia face numerous barriers to obtaining their rights to Australian
citizenship. Even though they are born in Australia, the Migration Act classifies children born to boat
arrivals as ‘Unauthorised Maritime Arrivals’. They are subject to be sent with their parents to offshore
processing on Nauru, placing them at direct harm of abuse, inhumane treatment and other human
rights violations. Those who remain in Australia are denied a Permanent visa and a pathway to
citizenship.
The only option for stateless children to assert their right to citizenship is through an application for
citizenship under s 21(8) of the Australian Citizenship Act 2007. While the Minister is not able to refuse
an application where criteria is met, proving identity remains a significant hurdle. Without being able
to obtain citizenship, stateless children either remain in limbo in Australia or indefinitely detained in
Australia’s offshore centres.
In order for Australia to uphold its obligations to stateless children under international law, a
comprehensive overhaul of Australia’s asylum system is needed. A legislative statelessness status
determination procedure should be introduced,24 followed by strong rights protections for stateless
children. Until Australia reforms its asylum system, it will continue to be in violation of its international
obligations.
24
Foster, McAdam and Wadley (n 2).