The Value of Statelessness Legal Protection when Representing Stateless Persons Seeking Sanctuary in the UK

Abstract

Nationality is a major component of refugee status. All other elements of the refugee definition have no traction if nationality is not first identified - or found to be inexistent. Identifying (the lack of) nationality also impacts refugee statusdetermination (RSD). Hitherto, statelessness can be difficult to prove - especially in cases where the applicant has lost their identity documentation, or has had it stolen or destroyed during displacement. Although not all refugees are stateless and not all stateless people are refugees, there is a significant overlap between these two categories. Indeed, statelessness can be both a cause and a result of forced displacement. Therefore, the determination of statelessness plays an important role in the success - or failure - of securing refugee status. Moreover, in cases where refugee status is difficult to prove, securing protection under the 1954 Statelessness Convention emerges as a valuable alternative. The present article explores the importance of identifying and proving statelessness for asylum-seekers. Ultimately, it argues for a reconsideration of how statelessness and its potential recognition protect people seeking sanctuary. In cases where refugee status is difficult or impossible to establish, practitioners should make use of the statelessness procedure