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Reading: On the Protection of Stateless Persons in Germany

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On the Protection of Stateless Persons in Germany

Author:

Katia Bianchini

Researcher, University of York (UK), University of Hamburg (Germany); Visiting researcher, Max Planck Institute for the Study of Religious and Ethnic Diversity Göttingen (Germany)
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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.
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
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Published on 01 Jan 2014.
Peer Reviewed

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