2.2.2.2 GROUPS NOT COVERED BY ADMINISTRATIVE DATA There are two substantial categories of stateless persons that are not included in the administrative data in Lithuania. The first group has emerged in the context of irregular migration and consists of “unreturnable” persons.106 It applies to persons who have been or are going through the removal procedure under the Lithuanian aliens’ law but cannot return or be returned to any country, including, if known, the country of their nationality or the country of former habitual residence. Usually, “unreturnable” persons spend prolonged periods (from 12 to 18 months) in detention. If obstacles for removal persist for 12 months, the person receives a temporary residence permit with a validity of one year. Unresolved situations of “unreturnable” persons may make it impossible to document their nationality and may eventually, in particular over two or more generations, lead to statelessness.107 Some “unreturnable” persons may already be stateless but not recognized as such. There are no reliable statistics on the profile and number of “unreturnable” persons in Lithuania. The number of such persons should not be very large; the FRC held two “unreturnable” persons at the time of research. The representative of the FRC has expressed concern at the generic refusal of the Russian Federation to accept the return of stateless persons, even if they had been lawfully residing in the country prior to arriving in Lithuania. Many persons who become “unreturnable” come from Sub-Saharan African countries with which Lithuania does not maintain diplomatic relations and which often are reluctant to cooperate with the Lithuanian authorities.108 Other stateless persons in Lithuania may be those who have not obtained Lithuanian or any other citizenship since the restoration of the country’s independence in 1991. Some of them have come into contact with the authorities and are in the process of either obtaining citizenship or a residence permit. According to the staff of NGOs and Governmental authorities interviewed for the purposes of this research, such cases emerge every year across the country. Therefore, there is probably a number of people with “unresolved” legal status who have not been registered by the authorities. There are no estimates of how many cases like this still exist in Lithuania. Many, though not all, of the stateless persons with “unresolved” legal status live at the margins of society and include destitute persons, ex-convicts, the elderly, and persons living in isolated rural areas. Incarcerated persons are not considered to have changed their previously declared place of residence109 and, therefore, can be included in the Residents’ Register. It is unclear, however, how many stateless persons or persons with “unresolved” legal status are currently incarcerated in Lithuania, because the number of such persons who had declared their place of residence in the first place is not known. The researcher visited one corrective institution in the town of Marijampolė, which held at least two persons with “unresolved” legal status and where she was told by staff that the facility houses “many” stateless persons.110 The Prisons Department of the Ministry of Justice does not collect or store information about stateless persons or persons with “unresolved” legal status.111 The Residents’ Register distinguishes between the groups of residents whose citizenship is “not indicated” (nenurodyta) or “undetermined” and stateless persons. The former group has a different code in the Register (PXX), while the latter are marked with the code P00. According to the 2001 Census, there were 3,200 106 This term was suggested by the authors of the 2011 UNHCR study “Mapping Statelessness in the UK” UNHCR/Asylum Aid, Mapping Statelessness in the UK, London, 2011. 107 UNHCR, Expert Meeting – The Concept of Stateless Persons under International Law (Summary Conclusions), 2010, p. 8. 108 Interview with the representative of the FRC, 17 August 2012. 109 Republic of Lithuania, Law on the Declaration of the Place of Residence, 2 July 1998, VIII-840, Article 7(1) (5). Following the amendment of the law of 30 June 2015, this group now falls under Article 6 (2) (3). 110 Interview with the social worker at the Marijampolė corrective institution, 31 August, 2012. 111 Electronic correspondence with Remigijus Gliaudelis, Deputy Director of the Prisons Department under the Ministry of Justice, 16 October 2012. U N H C R S TO C K H O L M , M AY 2 0 1 6 29