Statelessness
We advise and represent in cases where persons not recognised as a citizen by any country under the operation of its laws may be able to apply for permission to stay in the UK as a stateless person. Our experience includes cases of statelessness as a result of state succession, for example after a civil war, or where domestic laws, or conflict of laws, result in children born with no nationality.
Our barristers are recognised as having particular expertise and interest in this legally and factually complex area, where success often depends on detailed evidence, and legal reports from academics or others skilled in the nationality laws of the country from which the Home Office suggests a person may be able to obtain nationality. We have acted in leading cases on statelessness and nationality before the immigration tribunals and higher courts. We work closely with NGOs and expert bodies working to reduce the incidence of statelessness in the world.
We can help by:
- Advising on whether a person meets the legal definition of a stateless person
- Assessing and advising on gathering the relevant supporting evidence, including identifying the right expert for the issues in case
- Preparing clear, persuasive legal representations tailored to each case
- Representing in an administrative review and/or judicial review if an application is refused, as there is no right of appeal
- Advising on the implications of adoption and surrogacy agreements for nationality, and the risk of statelessness
- Advising on long-term options for stateless persons, including eligibility for British nationality
We are known for our clear and compassionate advice at every stage of the process.