The right to belong-childhood statelessness in Australia: international and domestic legal measures to reduce statelessness at birth

To be stateless—that is, without any legally recognised nationality—is a multi-faceted phenomenon impacting millions of children—including those born in Australia—worldwide. There has been little academic analysis of childhood statelessness, however, in Australia. Little is understood about statelessness within the Australian legal and policy sectors, and indeed, more broadly. Without nationality, stateless children can face difficulty in accessing essential human rights. Australia has shown a strong commitment to reducing childhood statelessness by ratifying the two key international treaties governing the issue. Despite this, there has been limited action by the Australian Government to address the phenomenon meaningfully. In 2014, the United Nations High Commissioner for Refugees launched a bold ‘Global Action Plan to End Statelessness' by 2024. The recent completion of the Plan marks an opportune moment to examine the success of resolving childhood statelessness in Australia. This article provides an overview of Australia's compliance with international law to reduce statelessness at birth. It details a comprehensive analysis of data regarding the number of stateless persons in Australia and examines the legislative gaps for children. Drawing on the author’s unique legal experience, it also provides insight into the practical barriers stateless children face in obtaining citizenship.