i.
Facilitate the naturalisation of stateless persons.'
Stateless Population Data
13. As the Council of the European Union has elaborated, states should collect reliable quantitative
and qualitative data on statelessness and adopt and strengthen measures to count stateless
persons on their territory.15 The last census that took place in Austria in 2011 recorded 5,289
people as 'stateless' or of 'undetermined' or 'unknown' nationality.16 The Central Register of
Residents recorded, as of 1 January 2019, 423 'stateless', 948 'unknown nationality' and 10,870
'undetermined nationality'.17 The data in the Central Register of Residents is disaggregated by age
(70% are children under 14), gender (46% are women) and place of residence (70% reside in
Vienna). There are several other sources of disaggregated data on naturalisations, births, deaths
and residence permits. The Ministry of Interior also reports asylum data under the category
'unknown nationality', and records the nationality of immigration detainees, but it does not
publish the latter.18
14. A mapping study on Statelessness in Austria was published by UNHCR in 2017 elaborating, inter
alia, on Austria’s lack of a centralised statelessness determination procedure nor any guidance on
how to apply the different nationality categories used by the authorities, which are currently
applied inconsistently.19 For instance, whether individuals in a particular situation are classified as
'stateless', 'unknown nationality' or 'undetermined nationality' in the Central Register of
Residents may vary among municipalities.20 The Ministry of Interior records the nationality of
immigration detainees but it does not publish statistics on persons held in immigration detention.
15. The above numbers do not provide an accurate statistical overview of Austria's stateless
population. As Austria does not have a dedicated statelessness determination procedure, official
statistics tend to only cover those legally resident in Austria and persons who apply for
international protection, whereas stateless persons living with irregular residence status in
Austria are mainly invisible in the data.21
National Law
16. There is a non-automatic provision in the Austrian Nationality Act that permits children born
stateless in Austria to acquire Austrian nationality by application if they have been stateless from
birth; lived lawfully in Austria for at least ten years (five years of continuous residence preceding
the application); are between 18 and 20 years of age; and have not been convicted by a domestic
court for certain offences or by a domestic or a foreign court to more than five years in prison. 22
Additionally, all children born in Austria, regardless of their residence status, may qualify for
15
Conclusions of the Council of the European Union and the Representatives of the Governments of the Member States on Statelessness, 4
December 2015, http://www.consilium.europa.eu/en/press/press-releases/2015/12/04/council-adopts-conclusions-on-statelessness/
16 Statistik Austria, Volkszählungen 1951 bis 2001, Registerzählung 2011, Bevölkerung nach Staatsangehörigkeit und Geschlecht 1951 bis
2011
17
Statistik Austria, Statistik des Bevölkerungsstandes,
a) Bevölkerung am 1.1.2019 nach detaillierter Staatsangehörigkeit und Geschlecht bzw. Altersgruppen
b) Bevölkerung am 1.1.2019 nach detaillierter Staatsangehörigkeit und Bundesland
18 See: https://index.statelessness.eu/country/austria.
19
See generally: UNHCR, Mapping Statelessness in Austria, January 2017, chapter 3.
20 UNHCR, Mapping Statelessness in Austria, January 2017, para 80.
21 UNHCR, Mapping Statelessness in Austria, January 2017, paras 3, 12, 17, 18, 80, 298 and chapter 3.
22 Articles 8 and 14 Staatsbürgerschaftsgesetz 1985, BGBl No. 311/1985 as amended by BGBl I No. 61/2018 (DE), Unofficial English
translation (amended version as of BGBl I No. 56/2018)
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