Part Two: The Prevention and Reduction of Statelessness in Australia — An Ongoing Challenge

Abstract

Despite renewed global interest in statelessness over the past decade, stimulated in part by the 50th anniversary of the 1961 Convention on the Reduction of Statelessness in 2011 and the 60th anniversary of the 1954 Convention Relating to the Status of Stateless Persons in 2014, there has been virtually no legal or academic analysis of statelessness in Australia. This article, together with its companion piece, provides the first comprehensive analysis of the state of statelessness in Australian law. While the focus of the first article was on Australia’s compliance with obligations to identify and accord a secure legal status to stateless persons who seek protection in Australia, the focus of the present article is on Australia’s obligations with respect to the prevention and reduction of statelessness. Even though Australia does not have a large stateless population, however measured, there are nonetheless cohorts of people who do not have a nationality, may be at risk of losing their nationality, or may face difficulties acquiring Australian citizenship. This article undertakes the first comprehensive assessment of the extent to which Australian law complies with international legal obligations to prevent and reduce statelessness. In particular, it provides the first in-depth analysis of the ramifications of the Australian Citizenship Amendment (Allegiance to Australia) Act 2015 (Cth) for such obligations. It concludes that despite Australia’s relatively early ratification of the 1961 Convention, there remain ongoing issues with respect to its full implementation.