seeking approval for a change of address.458 However, these provisions apply equally to any
foreign national who is released from immigration detention.
III.
Assessment
Based on the legal framework explained above, it appears the Canadian legal framework is
compatible with Article 26 of the 1954 Convention. This is because the IRPA and the IRPR by
definition treat foreign nationals the same as stateless persons, and as a result, stateless persons
are assimilated with all aliens in the same circumstances in their right to choose their place of
residence and to move freely within Canada.
ARTICLE 27 & ARTICLE 28: IDENTITY PAPERS AND TRAVEL DOCUMENTS
The Contracting States shall issue identity papers to any stateless person in their territory who
does not possess a valid travel document.
The Contracting States shall issue to stateless persons lawfully staying in their territory travel
documents for the purpose of travel outside their territory, unless compelling reasons of national
security or public order otherwise require, and the provisions of the schedule to this Convention
shall apply with respect to such documents. The Contracting States may issue such a travel
document to any other stateless person in their territory; they shall in particular give sympathetic
consideration to the issue of such a travel document to stateless persons in their territory who are
unable to obtain a travel document from the country of their lawful residence.
I.
Background & Commentary
Article 27 of the 1954 Convention is identical to Article 27 of the 1951 Refugee Convention. It
requires the issuance of “identity papers” to any stateless person physically present in the
Contracting State’s territory, regardless of residence or lawful status.459 The “identity papers”
referred to in the 1954 Convention are for internal use and can be temporary or final. The
issuance of an identity paper does not result in an obligation of the state to keep the stateless
person within its borders.460 Compared to “travel documents” referred to in Article 28, “identity
documents” act as a “certificate of identity” or “domestic passport” showing the identity of the
stateless person, they are not for journeys abroad.461
With respect to travel documents, stateless persons must be “lawfully staying” in the country to
benefit from the rights in Article 28. The Article is obligatory, but the Commentary on the 1954
458
For example see, Hussain v. Canada (Minister of Public Safety and Emergency Preparedness), 2008 FC 234,
available at: http://canlii.ca/t/1vvb8.
459
Robinson Commentary to the 1954 Convention, supra note 11 at 50.
460
Ibid.
461
Ibid.
96
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