Considerable room for improvement in UK's statelessness system report finds
A report by the United Nations refugee agency, UNHCR has found that the Home Office could considerably improve the way they process applications to stay in the UK from stateless people.
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A report published by the United Nations refugee agency, UNHCR has found that there is room for significant improvements when it comes to the way that the Home Office processes application to stay in the UK by people who are stateless.
What is a stateless person?
A stateless person is someone who is not considered as a national by any State under operation of its law.
The 1954 Convention relating to the Status of Stateless Persons sets out the minimum standards of the treatment of stateless people that the UK is obliged to comply with.
Because of this, the ability to apply for leave to remain as a stateless person was introduced in the UK as part of the new immigration rules in 2013.
Very few other countries have a procedure for determining whether a person is stateless, so whilst it’s a positive that the UK does have one, the UNHCR report has revealed that there are many ways that it could be improved.
What did the report find?
The report found several issues with the current procedure, just a few of these included:
- Home Office decision-makers were not always complying with their duty to help applicants with obtaining evidence.
- Decision-makers were frequently failing to use evidence of statelessness from the detention process
- Not enough statelessness applicants were interviewed, the UNHCR believes that interviews should be put in place for all applicants as a safeguard
- Legal aid should be available to statelessness applicants
- The report also found that there should be a right to appeal a refusal of a statelessness application
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If you are facing an immigration issue, whether you are applying for a UK visa, asylum or even British citizenship, our lawyers can help.
Get in touch with our team today on 0333 305 9375for immediate advice and assistance.
A stateless person is someone who is “not considered as a national by any state under the operation of its law” (Image credit: Centre on Human Rights Education)
