Stateless Refugees
- Publisher:
- Oxford University Press
- Publication Type:
- Chapter
- Citation:
- The Oxford Handbook of International Refugee Law, 2021, pp. 797-814
- Issue Date:
- 2021-05-01
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This chapter focuses on ‘Who is a stateless refugee?’, hence it examines the relevance of the Refugee Convention to refugees without a nationality. It argues that notwithstanding the adoption of an international regime specifically designed to protect de jure stateless persons (namely the Stateless Convention and the Reduction of Statelessness Convention), the international refugee protection regime is highly relevant to persons without a nationality and outside their country of residence. Thus, it analyses what it means to be stateless when applying for refugee status and the effects of statelessness on eligibility assessment. The chapter also examines claims for refugee status from individuals whose nationality is ineffective and discredits the notion of de facto statelessness as unhelpful and unnecessary in refugee law. It ends by exploring what extra obligations might States have, if any, towards recognised refugees who are stateless, particularly with regard to naturalization.
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