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International Refugee Law and the Protection of Stateless Persons$
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Michelle Foster and Hélène Lambert

Print publication date: 2019

Print ISBN-13: 9780198796015

Published to Oxford Scholarship Online: May 2019

DOI: 10.1093/oso/9780198796015.001.0001

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Statelessness as Persecution

Statelessness as Persecution

Examining the Causes and Consequences of Statelessness through the Lens of Refugee Law

Chapter:
(p.144) 5 Statelessness as Persecution
Source:
International Refugee Law and the Protection of Stateless Persons
Author(s):

Michelle Foster

Hélène Lambert

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198796015.003.0005

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.

Keywords:   ‘being persecuted’, Convention reason, deprivation of nationality, right to return, right to enter one’s country, inhuman and degrading treatment, right to education, right to work, right to health, family and private life, complementary protection

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