Statelessness as Persecution

Chapter 5 analyses the meaning of ‘being persecuted’ for a Convention reason as it applies to stateless persons, by examining its interpretation and application in the case law of the leading common law and civil law jurisdictions. It begins by addressing deprivation of nationality (namely, denial of nationality and active withdrawal of nationality), and denial of the right to enter one’s country. It then considers other forms of harm related to an absence of nationality such as the right to education, right to work, right to health, right to liberty, and right to family and private life. It concludes by examining instances where claims for refugee protection failed but complementary protection may nevertheless be relevant. This may be the case where, for instance, no nexus exists between persecution and the Convention reasons, where the level of harm was not sufficient to constitute persecution, or where Article 1F applied to exclude a stateless (refugee) person from protection.