Statelessness and applications for leave to remain: a best practice guide, Dr Sarah Woodhouse and Judith Carter, ILPA and University of Liverpool Law Clinic, 3 November 2016
This guide sets out the current view of the authors about best practice in advising and representing clients considering or making an application for statelessness leave in the UK.
Who is this guide for?
The topic is relevant to all practitioners: cases of stateless persons may crop up in any area of immigration, asylum and nationality practice and it is vital to know what to do. The guide may also be of use to organisations working with potentially stateless persons who may refer them to legal advisers.
What does this guide do?
This guide provides advice on representing clients considering whether and when to make an application for leave to remain as a stateless person. It is designed to help you to identify potentially stateless persons from your caseload, to advise them about making an application, to prepare a well-evidenced application supported by legal argument and to challenge any refusal.
Who is ‘stateless’?
A ‘stateless person’ is defined in the 1954 Convention as ‘a person who is not considered as a national by any State under the operation of its law.’ The number of stateless persons is estimated to be over 15 million globally, with especially large numbers originating from and living in South East Asia, Central Asia and the Middle East (Palestinians in particular). Many European countries have ‘indigenous’ stateless populations: for example ethnic Russians in Estonia and Latvia, and Roma living in Eastern European countries. There are also large stateless populations throughout the world arising from, for example, State succession, conflict between States and civil war, gaps in and conflict between nationality laws, disappearance of State territory, for example through climate change, and discriminatory laws and State practice. Well-known examples of communities where statelessness is prevalent are the Roma, Palestinian, Kuwaiti Bidoon, Rohingya and Saharawi peoples.
Where do I get a copy?
Electronic copies are below. Paper copies are available from ILPA – send an A4 stamped addressed envelope with stamps to the value of £1.46. Copies are also available to those attending meetings and working groups at the ILPA secretariat.
- Document Date
- 2016-11-03
- Issue Number
- 16.11.32620