Statelessness, Inability or Unwillingness to Return, and the ‘Country of His Former Habitual Residence’ as the Country of Reference for the Purposes of Article 1A(2) of the 1951 Convention relating to the Status of Refugees

Abstract

In the case of persons ‘not having a nationality’, article 1A(2) of the 1951 Convention relating to the Status of Refugees provides that a claim to protection as a refugee must be made good by reference to the ‘country of his former habitual residence’ on the basis of being ‘unable or unwilling to return to it’ for a relevant reason. This article focuses on the rubric for qualification as a refugee for those ‘not having a nationality’. It addresses questions of interpretation, including the meaning of the phrases ‘not having a nationality’ and ‘country of his former habitual residence’; whether an individual may have multiple countries of former habitual residence; and, if so, how such cases are to be addressed, consistent with the Convention’s text and its underlying protective purpose.