Figure 6. Number of persons with “unknown” country of origin accommodated at the FRC, 1997-2011208 30 25 20 15 10 5 0 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 3.4.1.2 EXPULSION Article 31 of the 1954 Convention prohibits the expulsion of a stateless person “lawfully in” the State Party’s territory, save on grounds of national security or public order. For a stateless person to be “lawfully in” a State party to the Convention, his or her presence needs to be authorized by the State, either by explicitly sanctioning or by knowing of and not prohibiting the stay.209 A stateless person is entitled to submit evidence to clear him- or herself, to appeal a decision on expulsion and be represented by a person specially designated by the competent authority. In addition, a stateless person is entitled to a reasonable period to seek legal admission into another country. The State implementing the expulsion can apply internal measures as necessary.210 Stateless asylum-seekers and persons with “unresolved” legal status who are awaiting a residence permit or recognition of citizenship are among those persons who are “lawfully in” Lithuania within the meaning of the 1954 Convention. Persons with expired or withdrawn temporary residence permits are obliged to leave Lithuania.211 If they fail to do so within a certain period of time (from seven to 30 days after notification of the return decision), they can be expelled. Other grounds for expulsion include unlawful entry or stay in Lithuania (save for where the principle of non-refoulement applies). If an alien is found to constitute a threat to State security or public order by a Court, this can also be grounds for expulsion.212 Since 1999, the numbers of expelled stateless persons has been decreasing steadily. There have been no reported expulsions of stateless persons since 2008 (Figure 7). Those with permanent residence permits– the majority of the stateless population in Lithuania–can only be expelled if they constitute a threat to national security or public order. There are no known cases of expelled stateless permanent residents. 208 Lithuania, Migration Department of the Ministry of Interior, Migration Yearbook 2004, Vilnius, 2005, p. 74-5; Migration Yearbook 2005, Vilnius, 2006, p. 80; Migration Yearbook 2006, Vilnius, 2007, p. 78; Migration Yearbook 2007, Vilnius, 2008, p. 69; Migration Yearbook 2008, Vilnius, 2009, p. 87; Migration Yearbook 2009, Vilnius, 2010, p. 90; Migration Yearbook 2010, Vilnius, 2011, p. 108; Migration Yearbook 2011, Vilnius, 2012, p. 79. 209 UNHCR Handbook on Protection of Stateless Persons, para. 135. 210 Article 31(2)-(3) of the 1954 Convention. 211 Law on the Legal Status of Aliens, Article 125. 212 Ibid, Article 126. U N H C R S TO C K H O L M , M AY 2 0 1 6 55

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