political reasons, are now required to comply with sometimes
insurmountable administrative procedures in order to ‘register’ or
‘restore’ their citizenship.
People who have been denationalised by their country of birth
due to a Convention reason, often race, political opinion or
impugned (foreign or dual) nationality, may very well qualify under
the law for refugee status. The UK and the US have recognised such
claims, specifically those involving denationalised Ethiopians of
Eritrean ethnicity and denationalised Estonians of Russian
ethnicity.134 Even in these countries applicants have succeeded
only by appealing to the higher courts with the assistance of legal
representation.
The complexity of these cases requires more attention and
education of Home Affairs officials in South Africa, as well as access
to affordable legal services for asylum-seekers with such claims.
133 International Committee of the Red Cross annual reports for 2005, 2006 and
2007. Those allowed to stay and register for resident permits are not allowed
to work nor are they issued exit visas allowing them to leave. In effect, they are
aliens (United Kingdom Border Agency, ‘Eritrea – Country of Origin
Information Report’ (2009), para. 30.05-07.
134 See Stserba v Holder, 646 F.3d 968 (US) and ST Ethiopia UK (2011) IAC.
100
Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide
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