   Section 5 (4) – a stateless person in Canada can submit an application for a Ministerial discretionary grant of citizenship to alleviate special and unusual hardship6 Section 5 (5) – second generation born abroad children born on or after April 17, 2009, who would otherwise be stateless, can apply for Canadian citizenship if they are under the age of 23 and have resided in Canada for three of the four years preceding their application.7 Non-refugee stateless persons as well as stateless refugees who are permanent residents can apply for citizenship providing they fulfil the relevant residency and language requirements Canada grants citizenship based on principles of jus soli, jus sanguinis, and through naturalisation law, yet despite Canada’s liberal citizenship policy, those who “have no nationality and are not recognized as refugees or protected persons, remain very vulnerable”.8 Brouwer (2012) outlines the series of gaps in Canadian legislation and policy in which stateless persons fall:        Canada’s Citizenship Act creates the possibility for statelessness by imposing a limit on the ability of parents to pass on Canadian citizenship to their children at the first generation. Second generation children born abroad can apply for Canadian citizenship through s. 5(5), however, they are at risk of statelessness if they do not meet the age and residency requirements; statelessness, distinct from stateless refugees, is not a path to legal status. In other words, a stateless person who is not a refugee cannot be admitted to Canada, because s/he is stateless (38); Canada does not include non-refugee stateless persons in its resettlement programs (51); Canadian immigration and nationality legislation does not acknowledge “the unique situation and vulnerability of stateless persons” (37); no provisions are made for stateless persons in the context of removal. For example, there are no provisions that take into consideration “the likely status of a stateless person in the receiving country” (54); statelessness is not recognized as a category eligible for humanitarian and compassionate (H&C) applications for status (48). Stateless applicants must, therefore, meet the normal requirements for being granted H&C consideration, and prove their establishment in Canada, posing difficulty because of precarious status; and Statistics Canada, Immigration and Refugee Board of Canada, Citizenship and Immigration Canada, and Canadian Border Services Agency do not collect adequate data on demographic information, detention, and deportations. The realities that stateless persons face in Canada are unlike those faced by any other group. Stateless persons are ineligible to leave Canada and ineligible to enter any other country. In special circumstances, if stateless persons are able to leave Canada they have no right of return.9 Stateless persons are also ineligible to bring their children and spouses to Canada, cannot access health care or education, have difficulties in obtaining legal and legitimate employment, and are often forced to live in sub-standard housing. In addition, stateless persons in Canada are often subject to lengthy detention.10 For Brouwer, “If there is one overarching conclusion to be drawn from this review of international and Canadian law and policy with respect to statelessness, it is that the stateless person remains essentially 6 Citizenship Act, R.S.C, 1985, c. C-29, s. 5(4) Citizenship Act, R.S.C, 1985, c. C-29, s. 5(5) 8 Brouwer 2012, 9 9 Brouwer 2012, 13 10 Brouwer 2012, 38 7 2

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