Author:

Abstract

This article analyses the legal framework for the protection of stateless persons in Germany. In particular, it explains the definition of a stateless person under German law, the availability of protection outside the context of asylum procedures, access to travel documents and naturalization. This work identifies the following major problems: gaps in the applicable laws, differences of treatment and implementation due to the decentralized system of adjudication, application of readmission agreements to stateless persons, restrictive naturalization requirements. As a consequence, stateless persons’ chances of obtaining protection and a long-term solution are reduced. It is argued that the adoption of specific determination procedures and recognition of stateless status as a protection ground at the Federal level are essential safeguards in this context and the German government should take additional steps in this regard.

Keywords: statelessness, 1954 Convention relating to the Status of Stateless Persons, protection of stateless persons in Germany

How to Cite: Bianchini K, ‘On the Protection of Stateless Persons in Germany’ (2014) 19 Tilburg Law Review 35 DOI: http://doi.org/10.1163/22112596-01902005