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10.1163/22131035-14020001 | enigbokan
underlying meaning of the word. For instance, under the UK Immigration Rules,
a stateless applicant must demonstrate that they have ‘taken all reasonable
steps’ to acquire or re-acquire nationality from the competent authorities
of any relevant countries.161 If ai is to determine statelessness, it would be
unclear how an algorithm could evaluate what constitutes ‘reasonable steps,’
as this assessment involves subjective judgment.162
Exploring ai’s Potential to Assist the Statelessness Determination
Process: Benefits, Challenges, and Strategies for Mitigating these
Challenges
This study has thus argued above against completely replacing humans with
ai. This section now turn to consider whether there is any usage of ai that is
compatible with human rights in the statelessness determination process
4.2
4.2.1
Partial use of ai: Its Potential Benefits
States can enhance the statelessness determination process by using ai to assist
in non-complex tasks during the initial review stage, rather than completely
replacing ai algorithm with human decision-makers in the determination of
stateless status.
Officials often exceed established time limits in the determination of
stateless status and can take a longer period of time. In some countries, this
is due to heavy caseloads and insufficient staff.163 unhcr recommends that
first instance decisions should be issued not more than six months from
the submission of an application as this prolongs the period spent by an
applicant in an insecure position.164 unhcr further states that in exceptional
circumstances, it may be appropriate to allow the proceedings to last up to
12 months to provide time for enquiries regarding the individual’s nationality
status to be pursued with another State, where it is likely that a substantive
response will be forthcoming in that period.165
161
162
163
164
165
Sec 3.2 UK Immigration Rules <https://www.gov.uk/guidance/immigration-rules
/immigration-rules-appendix-statelessness> accessed 30 September 2025.
Home Office ‘Permission to stay as a stateless person’ (27 March 2025) Version 7.0 at 16
<https://assets.publishing.service.gov.uk/media/67e40dc6d052ace7e8977693/Permissio
n+to+stay+as+a+stateless+person.pdf> accessed 30 September 2025.
European Network on Statelessness, Statelessness Determination and Protection in
Europe, Thematic briefing (September 2021) 18 https://www.statelessness.eu/sites
/default/files/2021-09/ENSStatelessness_determination_and_protection_in_Europe
-Sep_2021.pdf accessed 30 September 2025.
Handbook on Statelessness, (n 13) paras 74–75.
Ibid.
International Human Rights Law Review (2025) 1–31