Statelessness in Ireland – international obligations and national reality

National Conference on StatelessnessDublin, 21st October 2014

Presenter: Hilkka Becker, Senior Solicitor, ICI

Immigrant Council of Ireland- Independent Law Centre

Established in 2001 Non-governmental organisation Service provision

Information on rights and entitlements Advice and Advocacy service Racist Incidents Report and Referral Service Service for Citizens Information Service

Independent Law Centre since 2006 Lobbying/Policy and Research Education and Training

International Law Article 15(1) – Universal Declaration of Human Rights:

“Everyone has the right to a nationality.”

1954 Convention relating to the Status of Stateless Persons – ratified by Ireland in 1962

  1961 Convention on the Reduction of Statelessness –

ratified by Ireland in 1973 Reservation: "In accordance with paragraph 3 of article 8 of the Convention Ireland retains the right to deprive a naturalised Irish citizen of his citizenship pursuant to section 19 (1) (b) of the Irish Nationality and Citizenship Act, 1956, on grounds specified in the aforesaid paragraph”.

National Legal Provisions- international protection

Section 2 of the Refugee Act 1996 includes those ‘not having a nationality’ by reference to their place of former habitual residence

Regulation 2 of the European Communities (Eligibility for Protection) Regulations 2006, giving effect to the Qualification Directive 2004/83/EC, contains reference to the former habitual residence of stateless persons

National Legal Provisions- citizenship law

Section 6(3) of the Irish Nationality and Citizenship Act 1956 provides that “a person born in the island of Ireland is an Irish citizen from birth if he or she is not entitled to citizenship of any other country”

Section 16(1)(g) of the Irish Nationality and Citizenship Act 1956: power to dispense with conditions of naturalisation in certain cases, including cases involving a stateless person

BUT: no consideration of statelessness ‘ex officio’

(Spila & Ors v Minister for Justice, Equality and Law Reform [2012] IEHC 336, 31st July 2012)

Provisions for Travel Documents

Issuing of Travel Documents by the Irish Naturalisation and Immigration Service (INIS):

“Only persons granted a declaration pursuant to the 1954 Convention relating to the Status of

Stateless Persons (Article 28) are entitled to a 1954 UN Convention Travel Document recognising them as such a person.” 

Statelessness Determination Procedure?

2010 ‘Geneva Conclusions’ on Statelessness Determination Procedures and the Status of Stateless Persons: “implicit in the 1954 Convention that States parties identify who qualifies as a stateless person (…) for the purpose of affording them the standard of treatment set forth in the Convention.”

  In order to ensure fairness and efficiency, statelessness

determination procedures must ensure basic due process guarantees, including the right to an effective remedy where an application is rejected.

Examples of Statelessness - in a migratory context

EU Free Movement – requirement to submit ‘original passport’

Citizenship – requirement to submit ‘Declaration of Statelessness’

Withdrawal of citizenship – lack of safeguards

Gender inequality in nationality laws – leading to childhood statelessness

Recommendations: collection of reliable data on statelessness in Ireland introduction of an effective system for identifying persons as

stateless through national statelessness determination procedure statutory definition of the rights of stateless persons once

recognised full implementation of the provisions of the 1954 Convention in

relation to: juridical status gainful employment

welfare and administrative assistance

provisions concerning naturalisation

protection from expulsion introduction of safeguards preventing the revocation of

naturalisation certificates where this would give rise to statelessness withdrawal of reservations to the 1954 and 1961 Conventions and accession to the 1997 European Convention on Nationality

THANK YOU!

Contact details:Hilkka BeckerSenior SolicitorImmigrant Council of Ireland Independent Law Centre2 St Andrews Street, Dublin 2Ph. 01 674 0200 (Information & Referral Service)

01 674 0202 (Admin.)email: hilkka@immigrantcouncil.ie web: www.immigrantcouncil.ie