2 Introduction and key challenges
The UK adopted the United Nations Convention relating to the Status of Stateless Persons in April
1959 (‘the Convention’).10 The Convention provides protection by way of specified rights to persons
who are ‘not considered as a national by any State under the operation of its law’.11
The introductory note to the Convention, by UNHCR, uses the language of protection. “It establishes
a framework for the international protection of stateless persons and is the most comprehensive
codification of the rights of stateless persons yet attempted at the international level.” The
Convention points to the “profound vulnerability that affects people who are stateless.”.
In November 2011 Asylum Aid and UNHCR published their report “Mapping Statelessness in the
United Kingdom.”12 It called on the UK government to implement an accessible procedure to identify
stateless persons and to grant them leave to remain in appropriate circumstances. In 2013 the UK
introduced a statelessness application procedure which is at Part 14 of the Immigration Rules (‘the
Rules’).13 Those Rules make provision for the Home Office to recognise individuals as stateless. They
also provide for a grant of leave to remain to stateless persons. Dependants may apply for leave to
enter and to remain with the stateless person.
Data on statelessness is currently not included in the Home Office quarterly Immigration statistics.14
The problem of unreliable data on stateless persons was identified in the ‘Mapping Statelessness’
report in 2011.15 The only published data is in UNHCR statistics.16 These show that there have been
85 grants of leave since the procedure was introduced in April 2013. In the first two years of
operation only 40 grants of leave to remain were made, with a 95% refusal rate.17 We understand
that there were additional grants during the years 2015-17. We have tried to get more up-to-date
figures and a breakdown of numbers of applications and grants on a yearly basis through a Freedom
of Information Request.18 The Home Office refused the request on the basis that they intend to
publish the data in the future.
The procedure was warmly welcomed when it was introduced, but Asylum Aid, UNHCR and others
raised concerns at the outset about some elements such as the lack of access to good legal
10
Convention on the Status of Stateless Persons 1954 http://www.unhcr.org/un-conventions-onstatelessness.html
11
Article 1(1) of the Convention. The definition is considered to be customary law – see UNHCR,
‘Handbook on Protection of Stateless Persons’ (2014) http://www.unhcr.org/dach/wpcontent/uploads/sites/27/2017/04/CH-UNHCR_Handbook-on-Protection-of-Stateless-Persons.pdf
12
Asylum Aid, Mapping Statelessness in the UK (Research Paper, 24 December 2011)
https://www.asylumaid.org.uk/mapping-statelessness-in-the-uk/
13
Immigration Rules, Part 14: Stateless Persons https://www.gov.uk/guidance/immigrationrules/immigration-rules-part-14-stateless-persons
14
Home Office, ‘Immigration Statistics, Year Ending March 2018’ (2018)
https://www.gov.uk/government/statistics/immigration-statistics-year-ending-march-2018
15
Asylum Aid, Mapping Statelessness in the UK (Research Paper, 24 December 2011)
<https://www.asylumaid.org.uk/mapping-statelessness-in-the-uk/>
16
UNHCR, ‘Mid-Year Trends’ (June 2017)
http://www.unhcr.org/uk/statistics/unhcrstats/5aaa4fd27/mid-year-trends-june-2017.html
17
Numbers provided to the Law Clinic through UNHCR in June 2016
18
See
https://www.whatdotheyknow.com/request/the_statelessness_determination?nocache=incoming1158537#incoming-1158537
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