Travel Document Project
Nationality, citizenship & statelessness
A person without travel or identity documents is not on the face of it a stateless person, although this may later turn out to be the case. A stateless person is "a person who is not considered as a national by any State under the operation of its law" (Article 1, UN Convention on the Status of Stateless Persons, ad 28.9.54, in force 6.6.60). De jure statelessness is strictly defined in a narrow and legal manner.
Statelessness is beyond the scope of the Travel Document Project. UNHCR and Asylum Aid are currently conducting a research project 'Mapping Statelessness in the UK'
The following factors can make it more difficult to prove identity and nationality to the satisfaction of an embassy or high commission in order to obtain travel documents, and may arguably leave a person de facto stateless.
- Where a person is of mixed national parentage (e.g. Ghanaian and Nigerian, Ethiopian and Eritrean)
- Where a person has moved between two countries during their childhood.
- Dual citizenship or where nationality has been revoked or renounced.
- Lack of diplomatic ties between the UK and their country of origin
- Unwillingness or inability of an embassy or high commission to recognise or re-document their nationals
For more information on statelessness see: Hugh Massey, (2010), UNHCR and De Facto Statelessness , UNHCR Legal and Protection Policy Research Series. A background paper prepared for an expert meeting organised by the UNHCR on the Concept of Stateless Persons in International Law.
- Travel Document Project
- Policy & Caselaw
- Removability & Cooperation
- 'Taking all reasonable steps' & 'sustained effort'
- Criminal sanctions for non-cooperation: Section 35 action
- UKBA amended instructions for documenting removals and the implementation of Section 35 of the Asylum & Immigration (treatment of claimants etc.) Act 2004 in non-compliant cases
- The relevant section of the Asylum & Immigration (Treatment of Claimants etc) Act 2004 (s.35)
- Crown Prosecution Service (CPS) guidance on prosecution for immigration offences including s35 action
- ILPA/BID guidance to legal representatives on best practice in the event that a client is alleged to have failed to cooperate with the documentation process or where identity or nationality is disputed
- Nationality, citizenship & statelessness
- Practical Information
- Country Information
- Resources