153 - 160
157.
As for an individual’s ability to return to a country of previous habitual
residence, this must be accompanied by the opportunity to live a life of
security and dignity in conformity with the object and purpose of the
1954 Convention. Thus, this exception only applies to those individuals
who already enjoy the status of permanent residence in another country,
or would be granted it upon arrival, where this is accompanied by a full
range of civil, economic, social and cultural rights, and where there is a
reasonable prospect of obtaining nationality of that State.103 Permission to
return to another country on a short-term basis would not suffice.
158.
In many cases an individual will cooperate in attempting to acquire
or restore nationality or to make arrangements for return to a country
of previous habitual residence. This might arise where an individual
involuntarily renounced or lost his or her nationality. This could also arise
where an individual renounced his or her former nationality consciously
and in good faith with a view to acquiring another nationality. In some
cases, on account of poorly drafted nationality laws such individuals must
renounce their nationality in order to apply for another but are then unable
to acquire the second nationality and are left stateless.
159.
The best solution in such cases is reacquisition of the former nationality.
Where a State determines that such individuals are stateless, but have the
possibility of reacquiring their former nationality, the State would not need
to provide them with a residence permit. Rather, they can be provided
with some form of immigration status to allow the individuals concerned
to remain briefly in the territory while making arrangements to move to the
other State. Such temporary permission could be for as short a period as
a few months and the rights to be enjoyed need not match those required
when a residence permit is issued. Indeed, a status closer to that provided
during the determination process may be justifiable.
160.
States can extend temporary permission to stay where admission/
readmission or reacquisition of nationality does not materialise through
no fault of the individual. However, extensions can be limited in duration
in order to strike a fair balance between facilitating the completion of
admission/readmission or reacquisition efforts and providing a degree of
certainty for the affected stateless person. If the time limit is reached and
admission/readmission or reacquisition has not yet materialised despite
the good faith attempts of the individual, it is then the responsibility of
the State party to grant the individual the status generally accorded upon
103
Paragraphs 20-22 of UNHCR, Position on the return of persons not found to be in need
of international protection to their countries of origin: UNHCR’s Role, November 2010,
http://www.unhcr.org/refworld/pdfid/4cea23c62.pdf are to be read in light of the criteria set
forth in this Handbook.
PART THREE
(a) Where statelessness results from loss/deprivation or good-faith
voluntary renunciation of nationality
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