Statelessness At Home
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2.2
Hanna’s Experiences with Authorities
Complicating her story, Hanna is currently registered in the Municipal Basic
Administration (GBA) as being of ‘unknown nationality’. As mentioned, the
municipal officials claim that Hanna cannot be considered stateless due to
lack of sufficient evidence of this (yet they have also not deemed to register her
as Vietnamese). This bureaucratic issue is a significant problem. If her nationality was to be registered as stateless in the GBA she would have had the right
to acquire Dutch nationality through facilitated naturalisation.7
On their part, the Dutch Immigration and Naturalisation Service (IND) persistently state that Hanna is considered to be a Vietnamese national pursuant
to the Vietnamese nationality law, regardless of the evidence to the contrary
provided by the Vietnamese authorities. According to the IND, the earlier mentioned letter of the Vietnamese Embassy does not confirm whether Hanna is
or is not a Vietnamese national as it only stated that her claim to be recognized
as a Vietnamese national was not evidenced sufficiently by documentary
proof. Looking at responses of the Vietnamese Embassy to Hanna’s efforts in
acquiring Vietnamese nationality, she has no perspective of obtaining
Vietnamese nationality nor receiving a written statement of the Embassy officials in which an explanation is given why she cannot be considered as a
Vietnamese national. Instead, Hanna’s statelessness remains unacknowledged,
her ‘unknown nationality’ masking her true status and leaving her in limbo. To
be recognised as stateless in the GBA or by the IND would break the vicious
circle Hanna currently finds herself in by not being able to be naturalized in
the Netherlands because she cannot prove that she never acquired or is able to
renounce Vietnamese nationality.
2.3
Hanna’s Experiences Living in the Netherlands
Hanna has always been protected by her parents as much as possible to avoid
stressful situations in relation to her legal status as a foreigner and feelings of
insecurity while being in the process of applying for a residence permit.
Hanna did not talk much about her own situation until she gained a better
understanding of statelessness after she attended a lecture on the topic by
Laura van Waas, manager and founder of the Statelessness Programme at
Tilburg Law School. After this lecture, Hanna was inspired to write her bachelor thesis on statelessness and did a great job in researching and writing on
7 To naturalise as a stateless person requires three years, instead of five years, of legal stay, in
addition to a number of integration requirements e.g. assimilation into Dutch society and
reasonable knowledge of the Dutch language. Dutch Nationality Act (Rijkswet op het
Nederlanderschap), Article 8(4).
tilburg law review 19 (2014) 108-116