Transcript Migrant workers and other immigrants Workshop Leader: Gill

Statelessness in Ireland –
international obligations
and national reality
National Conference on Statelessness
Dublin, 21st October 2014
Presenter:
Hilkka Becker, Senior Solicitor, ICI
Immigrant Council of Ireland
- Independent Law Centre
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Established in 2001
Non-governmental organisation
Service provision
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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
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Article 15(1) – Universal Declaration of Human Rights:
“Everyone has the right to a nationality.”
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1954 Convention relating to the Status of Stateless
Persons – ratified by Ireland in 1962
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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
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Section 2 of the Refugee Act 1996 includes those ‘not
having a nationality’ by reference to their place of former
habitual residence
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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
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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”
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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
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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?
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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.”
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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
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EU Free Movement – requirement to submit ‘original
passport’
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Citizenship – requirement to submit ‘Declaration of
Statelessness’
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Withdrawal of citizenship – lack of safeguards
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Gender inequality in nationality laws – leading to
childhood statelessness
Recommendations:
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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
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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 Becker
Senior Solicitor
Immigrant Council of Ireland Independent Law Centre
2 St Andrews Street, Dublin 2
Ph.
01 674 0200 (Information & Referral Service)
01 674 0202 (Admin.)
email: [email protected]
web: www.immigrantcouncil.ie