stateless person travel document

Cookies on GOV.UK

We use some essential cookies to make this website work.

We’d like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services.

We also use cookies set by other sites to help us deliver content from their services.

You have accepted additional cookies. You can change your cookie settings at any time.

You have rejected additional cookies. You can change your cookie settings at any time.

• Visas and immigration
• Seek protection or asylum

Apply for a Home Office travel document

Stateless person’s travel document.

You can apply for a stateless person’s travel document if you have been recognised as stateless in the UK.

You cannot apply for a stateless person’s travel document if you have refugee status in the UK. You must apply for a refugee travel document instead.

How long it will be valid for

If you’re settled in the UK (known as ‘indefinite leave to remain’), your document will usually be valid for up to 10 years. If you’re 15 or under and settled in the UK, it will usually be valid for up to 5 years.

If you have permission to stay (known as ‘leave to remain’) your document will be valid until the end of your permission to stay in the UK.

Your document may be valid for a shorter time in some cases. For example, because your previous document has been lost.

Countries you can travel to

You can usually travel to all countries on a stateless person’s travel document.

Before you travel

Check which documents you’ll need before you book your travel. Ask the authorities of the country you’re visiting or travelling through if:

• the country accepts UK stateless person’s travel documents
• you need a visa to enter the country
• £82 for adults (it’s free if you were born before 1 September 1929)
• £53 for children 15 or under

Related content

Is this page useful.

• Yes this page is useful
• No this page is not useful

Help us improve GOV.UK

Don’t include personal or financial information like your National Insurance number or credit card details.

To help us improve GOV.UK, we’d like to know more about your visit today. We’ll send you a link to a feedback form. It will take only 2 minutes to fill in. Don’t worry we won’t send you spam or share your email address with anyone.

An official website of the United States government

Here’s how you know

Official websites use .gov A .gov website belongs to an official government organization in the United States.

Secure .gov websites use HTTPS A lock ( Lock A locked padlock ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

• Press Releases

DHS Issues Guidance for Stateless Noncitizens in the United States

WASHINGTON – The Department of Homeland Security (DHS), through U.S. Citizenship and Immigration Services (USCIS), today issued new guidance to assist stateless noncitizens in the United States who wish to obtain immigration benefits or have submitted other requests to USCIS. Stateless individuals are those who are not legally considered a citizen of any country, and therefore may be denied legal identity, and struggle to access education, healthcare, marriage, and job opportunities. Individuals can be born stateless or become stateless because of discrimination, war and conflict, or changing borders and laws. The new guidance clarifies when and how USCIS may consider a noncitizen stateless for the purpose of adjudicating immigration benefits or other requests.  “All over the world, people who are stateless live with fear and uncertainty. DHS is fully committed to addressing the global issue of statelessness and to breaking down barriers that these individuals face in the United States,” said Secretary of Homeland Security Alejandro N. Mayorkas . “With this historic step, stateless individuals will be given the opportunity to apply for immigration protections and benefits for which they are eligible.”  Following today’s release of this guidance, and with the goal of helping stateless individuals to take advantage of the opportunity, USCIS will create and implement new procedures to assist USCIS officers when assessing an individual’s potential statelessness. This includes updating existing training documents on statelessness, developing more robust training procedures for officers, and setting up standard operating procedures for officers to request an internal assessment of potential statelessness where it may be relevant to an individual’s application or benefit request. Specially trained USCIS personnel will provide the adjudicating officer with an advisory report clarifying how the officer might consider an individual's statelessness in making decisions about an individual's application or benefit request. This new guidance also provides examples of documentation or evidence that may help USCIS officers determine whether noncitizens may be considered stateless for USCIS purposes.  Implementing this update also will enable USCIS to gather more comprehensive and accurate data on this vulnerable group of people. The United Nations High Commissioner for Refugees (UNHCR) estimates there are approximately 218,000 people residing in the United States who are potentially at risk of statelessness.

• Citizenship and Immigration Services
• Secretary Alejandro Mayorkas
• U.S. Citizenship and Immigration Services (USCIS)

Official websites use .gov A .gov website belongs to an official government organization in the United States.

Secure .gov websites use HTTPS A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Share sensitive information only on official, secure websites.

• Create Account

News release  originally published by the Department of Homeland Security.

DHS Issues Guidance for Stateless Noncitizens in the United States

WASHINGTON – The Department of Homeland Security (DHS), through U.S. Citizenship and Immigration Services (USCIS), today issued new guidance to assist stateless noncitizens in the United States who wish to obtain immigration benefits or have submitted other requests to USCIS. Stateless individuals are those who are not legally considered a citizen of any country, and therefore may be denied legal identity, and struggle to access education, healthcare, marriage, and job opportunities. Individuals can be born stateless or become stateless because of discrimination, war and conflict, or changing borders and laws. The new guidance clarifies when and how USCIS may consider a noncitizen stateless for the purpose of adjudicating immigration benefits or other requests.

“All over the world, people who are stateless live with fear and uncertainty. DHS is fully committed to addressing the global issue of statelessness and to breaking down barriers that these individuals face in the United States,”  said Secretary of Homeland Security Alejandro N. Mayorkas.  “With this historic step, stateless individuals will be given the opportunity to apply for immigration protections and benefits for which they are eligible.”

Following today’s release of this guidance, and with the goal of helping stateless individuals to take advantage of the opportunity, USCIS will create and implement new procedures to assist USCIS officers when assessing an individual’s potential statelessness. This includes updating existing training documents on statelessness, developing more robust training procedures for officers, and setting up standard operating procedures for officers to request an internal assessment of potential statelessness where it may be relevant to an individual’s application or benefit request. Specially trained USCIS personnel will provide the adjudicating officer with an advisory report clarifying how the officer might consider an individual's statelessness in making decisions about an individual's application or benefit request. This new guidance also provides examples of documentation or evidence that may help USCIS officers determine whether noncitizens may be considered stateless for USCIS purposes.

Implementing this update also will enable USCIS to gather more comprehensive and accurate data on this vulnerable group of people. The United Nations High Commissioner for Refugees (UNHCR) estimates there are approximately 218,000 people residing in the United States who are potentially at risk of statelessness.

Winter is here! Check out the winter wonderlands at these 5 amazing winter destinations in Montana

• Travel Tips

How To Get A Travel Document For Stateless Persons

Published: November 2, 2023

Modified: December 28, 2023

by Tammara Brittain

• Plan Your Trip

Introduction

Traveling is an exciting and enriching experience, providing us with the opportunity to explore new cultures, meet interesting people, and create lasting memories. However, for some individuals, obtaining the necessary travel documents can be a complex and challenging process. This is especially true for stateless persons, who do not possess a nationality and may face significant hurdles when it comes to securing travel documents.

Stateless persons are individuals who are not considered a citizen by any country. They do not have a nationality and are often denied basic rights and access to essential services. In many cases, stateless persons encounter difficulties when trying to travel internationally, as they lack the necessary identification and documentation.

Fortunately, there are options available for stateless persons to obtain a travel document, which is a crucial step towards realizing their dreams of exploring the world. In this article, we will provide an overview of the process for obtaining a travel document for stateless persons, including the necessary steps and requirements.

It’s important to note that the process may vary depending on the country of residence, so it’s essential to research the specific requirements and procedures for your location. Additionally, seeking advice from legal professionals or immigration experts can provide valuable guidance throughout the process.

Now, let’s delve into the details of securing a travel document for stateless persons, empowering them to embark on a journey of a lifetime.

Understanding Stateless Persons

Before diving into the process of obtaining a travel document for stateless persons, it is important to have a clear understanding of who stateless persons are and the challenges they face. Stateless persons are individuals who do not have a nationality or are not recognized as citizens by any country. They lack legal protection, and without a nationality, they often face severe restrictions on their rights and access to basic services.

There are various reasons why someone may become stateless. It could be due to changes in borders, conflict, migration, or gaps in nationality laws. Regardless of the cause, being stateless can have profound consequences on every aspect of an individual’s life, including their ability to travel.

For stateless persons, traveling internationally can be a daunting task. Without a recognized nationality, they cannot obtain a passport or other travel documents typically issued by a government. This means they are unable to cross borders, access medical care, or receive protection from their home countries while abroad. Additionally, stateless persons may face discrimination, harassment, and detention when attempting to travel without proper documentation.

To address these challenges, countries and international organizations have recognized the need to develop mechanisms to assist stateless persons in obtaining travel documents. These documents, often known as “travel certificates” or “identity certificates,” serve as a substitute for a passport and enable stateless individuals to enjoy some of the rights and privileges typically associated with nationality.

While the specific rights and privileges vary depending on the country issuing the travel document, it typically provides stateless persons with the ability to travel internationally, access basic services, and seek protection from the issuing state.

Navigating the process of obtaining a travel document for stateless persons can be complex, as each country has its own procedures and requirements. However, with the right information and guidance, stateless individuals can overcome these challenges and embark on their travel journeys.

Overview of Travel Document for Stateless Persons

Obtaining a travel document is a crucial step for stateless persons who wish to travel internationally. A travel document serves as a substitute for a passport and allows stateless individuals to cross borders, access essential services, and seek protection from the issuing country.

A travel document for stateless persons is typically issued by the country where they reside or have been granted temporary protection. The specific name and format of the travel document may vary from country to country, but its purpose remains the same – to facilitate international travel for stateless individuals.

The travel document is designed to provide proof of identity and nationality for stateless individuals who do not possess a passport or any recognized travel document issued by a government. It may include personal details such as the individual’s name, date of birth, photograph, and a unique identification number.

While a travel document allows stateless persons to travel internationally, it’s important to understand that it does not grant them citizenship or the same rights as a passport holder. The rights and privileges associated with a travel document vary depending on the country issuing it and the agreements they have in place with other nations. It is crucial for stateless persons to familiarize themselves with the specific rights and limitations provided by their travel document.

In addition to facilitating international travel, a travel document for stateless persons may also serve as a form of identification within the country of residence. It can be used to access government services, open bank accounts, and prove legal status. However, it’s important to note that the recognition and acceptance of a travel document may vary from country to country.

It’s important to emphasize that the process of obtaining a travel document for stateless persons may differ between countries. Some countries may have specific legislation or procedures in place, while others may rely on existing immigration or administrative processes. Therefore, it is crucial for stateless individuals to research and familiarize themselves with the requirements and procedures specific to their country of residence.

In the following sections, we will explore the general steps involved in obtaining a travel document for stateless persons, providing guidance and insights to help navigate through the process successfully.

Gather the Required Documents

Obtaining a travel document for stateless persons requires gathering certain essential documents to support the application. While the specific requirements may vary depending on the country issuing the travel document, there are some common documents that are typically requested. It’s important to carefully review the application guidelines and consult with relevant authorities or legal professionals to ensure that you have all the necessary documents before proceeding with your application.

Here are some of the key documents you may need to gather:

• Proof of Identity: Provide any identification documents you possess, such as birth certificates, national identity cards (if applicable), or any other documents that can establish your identity.
• Evidence of Stateless Status: Prepare documents that demonstrate your stateless status, such as certificates or letters from relevant authorities confirming that you do not possess a nationality or citizenship.
• Residence Permit: If you have been granted temporary residence in the country where you are applying for the travel document, you may need to provide your residence permit as proof of your legal status.
• Passport-sized Photographs: Most travel document applications require recent passport-sized photographs. Ensure that you adhere to the specific requirements regarding size, background color, and other specifications.
• Supporting Documents: Depending on the country’s requirements, you may need to provide additional supporting documents, such as proof of financial means, travel itinerary, or any other documents that can strengthen your application.

It is essential to gather the original documents or certified copies of the required documents. In some cases, you may be required to notarize or legalize certain documents, so be sure to check the specific requirements and procedures for your application.

Additionally, it is crucial to ensure that all the documents you submit are valid and up-to-date. Expired or invalid documents may lead to delays or even rejection of your application.

Remember to keep copies of all the documents you submit, as well as any correspondence or receipts related to your application. These records will be helpful in case of any inquiries or if you need to track the progress of your application.

By gathering the required documents in advance and ensuring that they meet the specific requirements of the country issuing the travel document, you will be better prepared to proceed with the application process smoothly and efficiently.

Complete the Application Form

Once you have gathered all the necessary documents, the next step in obtaining a travel document for stateless persons is to complete the application form. The application form serves as a vital part of the process, as it provides the issuing authorities with crucial information about your identity, background, and purpose of travel.

Here are some key points to keep in mind when completing the application form:

• Read the instructions: Carefully review the instructions provided with the application form. This will help you understand the specific requirements and any additional documents or information that may be needed.
• Provide accurate information: Ensure that all the information you provide is accurate, complete, and up-to-date. Double-check spellings, dates, and other details to avoid any errors or discrepancies.
• Be consistent: Use the same name, spelling, and format throughout the application form and supporting documents. Inconsistencies can lead to delays or complications in the processing of your application.
• Answer all questions: Answer all the questions on the application form, even if they seem optional or irrelevant. Leaving any section blank may result in the rejection or return of your application.
• Explain any special circumstances: If there are any specific circumstances or considerations that may affect your application, such as medical issues or travel restrictions, provide a clear and detailed explanation in the designated sections.
• Check for additional requirements: Some application forms may require additional documents or information specific to your situation. Make sure to review the form thoroughly to identify any additional requirements and include them along with your application.

Pay attention to the format and presentation of the application form. Follow any specified guidelines regarding font size, handwriting, or electronic submission. Neatly fill out the form or type the information if it is required to be submitted electronically.

It is also important to understand that the application form may need to be signed and dated. Make sure to provide any necessary signatures and date the form as appropriate.

Once you have completed the application form, review it carefully. Check for any errors or omissions before submitting it. If possible, have someone else review the form to ensure its accuracy and completeness.

Completing the application form accurately and comprehensively is crucial for a successful application. By taking the time to fill out the form carefully and provide all the necessary information, you increase your chances of obtaining the travel document for stateless persons.

Submitting the Application

After completing the application form and gathering all the necessary documents, the next step in obtaining a travel document for stateless persons is to submit the application. Submitting the application correctly and within the specified guidelines is crucial for a smooth and successful process. Here are some essential steps to consider:

• Review the requirements: Before submitting the application, carefully review the requirements and instructions provided by the issuing authorities. Ensure that you have included all the necessary documents and met the specific criteria for the application.
• Make copies: Before submitting the application, make copies of all the documents, including the completed application form. These copies will serve as your records and provide a reference if needed. Keep the copies in a safe place.
• Organize the application package: Gather all the original documents, including the completed application form and supporting materials. Ensure that the documents are organized and arranged in the order specified by the issuing authorities, if applicable.
• Pay the application fee: Some travel document applications require a fee to be paid. Review the instructions to determine the payment method and any specific requirements regarding the payment. Ensure that you include the appropriate fee with your application.
• Submit the application: Depending on the country and the application process, you may need to submit the application in person at a designated office or send it by mail. Follow the instructions provided, including any specific addresses or contact information for submission.
• Obtain proof of submission: If you are submitting the application in person, request a receipt or acknowledgment as proof of submission. If submitting by mail, consider using a registered or certified mail service to track the delivery and obtain a receipt.

It is essential to meet any specified deadlines for submitting the application. Failure to submit the application on time may result in delays or even the rejection of your application. Be sure to plan accordingly and allow sufficient time for the application to be processed.

Once you have submitted the application, it is important to keep track of any communication or correspondence from the issuing authorities. This might include updates on the status of your application or requests for additional information. Respond promptly and provide any requested documents or information to avoid delays in processing your application.

Remember, each country may have its own procedures and guidelines for submitting travel document applications for stateless persons. It is crucial to follow the specific instructions provided by the issuing authorities and seek guidance from relevant legal professionals if needed.

By carefully submitting your application and ensuring that all the necessary documents and fees are included, you increase the likelihood of a successful outcome and receiving the travel document for stateless persons.

Attend the Interview

As part of the process of obtaining a travel document for stateless persons, you may be required to attend an interview with the issuing authorities. The interview serves as an opportunity for them to gather additional information, assess your eligibility, and ensure that you meet the criteria for the travel document. Here are some important points to consider when attending the interview:

• Review the interview requirements: Prior to the scheduled interview, carefully review any instructions or guidelines provided by the issuing authorities. Understand the purpose of the interview and any specific documents or information you may need to bring.
• Prepare supporting documents: Gather any additional documents or evidence that may support your application. This could include proof of residence, employment, or any other documents that demonstrate your ties to the country and the need for a travel document.
• Dress appropriately: Dress in a professional and respectful manner for the interview. This demonstrates your seriousness and respect for the process. It is important to make a positive impression during the interview.
• Be punctual: Arrive on time for your interview. Plan your journey in advance and account for any possible delays. Being punctual shows your commitment and respect for the process.
• Be prepared to answer questions: During the interview, the issuing authorities may ask you questions about your background, stateless status, travel plans, or other relevant information. Prepare yourself by considering potential questions and thinking through your responses.
• Be honest and transparent: Answer all questions truthfully and provide accurate information during the interview. Honesty is crucial and any inconsistencies or misleading information may negatively impact your application.
• Stay calm and composed: Nervousness is natural during interviews, but try to remain calm and composed. Speak clearly and confidently, and maintain good eye contact with the interviewer. Remember, they are there to assess your eligibility, not to intimidate or judge you.
• Ask for clarification if needed: If you do not understand a question or require clarification, do not hesitate to ask. It is better to seek clarification than to provide inaccurate or incomplete answers.

Remember, the interview is a crucial step in the application process and plays a significant role in determining whether you are eligible for a travel document. Being well-prepared, punctual, and presenting yourself professionally can positively influence the outcome of your interview.

After the interview, it is important to follow up on any additional requirements or instructions provided by the issuing authorities. Respond promptly and provide any requested documents or information to ensure the smooth progress of your application.

By approaching the interview stage with confidence, preparation, and honesty, you enhance your chances of successfully obtaining a travel document for stateless persons.

Pay the Application Fee

When applying for a travel document as a stateless person, it is important to be aware that there may be an application fee associated with the process. The application fee helps cover the administrative costs involved in processing and issuing the travel document. Here are some key points to consider when paying the application fee:

• Review the fee structure: Before submitting your application, carefully review the guidelines and instructions provided by the issuing authorities. Pay close attention to the fee structure, including the amount to be paid and the acceptable payment methods.
• Ensure sufficient funds: Verify that you have the necessary funds to cover the application fee. It is important to budget for this expense and set aside the funds accordingly.
• Payment methods: Determine the accepted methods of payment. Some authorities may accept cash, while others may require payment via debit or credit card, bank transfer, or certified check. Follow the specified payment method to ensure your payment is processed successfully.
• Additional charges: Be aware of any additional charges that may accompany the application fee, such as bank fees or currency conversion charges. Take these charges into account when determining the total amount you need to pay.
• Retain proof of payment: Obtain a receipt or confirmation of your payment as proof of payment. This documentation may be required during the application process, and it is crucial to keep it in a safe place for future reference or in case of any disputes or inquiries.

It is essential to pay the application fee within the specified timeframe and according to the instructions provided. Failure to do so may result in delays or even the rejection of your application.

If you are unable to afford the application fee, it is worth exploring any available fee waivers or financial assistance programs offered by the issuing authorities or relevant organizations. These programs aim to support stateless persons who may face financial hardships in obtaining travel documents.

Remember, each country may have its own fee structure and payment requirements. It is important to carefully follow the instructions provided by the issuing authorities to ensure the smooth processing of your application.

By paying the application fee promptly and meeting the financial requirements, you demonstrate your commitment to obtaining the travel document as a stateless person. This puts you on the right track towards a successful application.

Waiting for the Decision

After submitting your application for a travel document as a stateless person, you will enter a waiting period while the issuing authorities review and process your application. The duration of this waiting period can vary depending on the country and the complexity of your case. Here are some important points to consider during this time:

• Review the estimated processing time: Refer to the guidelines or information provided by the issuing authorities to determine the estimated processing time for travel document applications. This will give you an idea of how long you may need to wait for a decision.
• Be patient: Waiting for a decision can be a challenging and anxious time. However, it is important to remain patient and understand that the process takes time. Avoid repeatedly contacting the authorities for updates, as this might slow down the process.
• Follow up if necessary: If the processing time exceeds the estimated timeframe or if you have any concerns or questions, it is appropriate to reach out to the relevant authorities for an update. Be polite and respectful in your communication, providing any necessary details or reference numbers.
• Maintain copies of documents: Keep copies of all the documents you submitted with your application, as well as any correspondence or receipts related to your application. These records will be valuable in case you need to provide additional information or in case of any inquiries or appeals.
• Notify authorities of any changes: If there are any changes in your circumstances, such as a change of address or contact information, inform the issuing authorities promptly. This ensures that you will receive any updates or notifications regarding your application.
• Stay informed: Stay updated on any changes to the application process or requirements by regularly checking the official website or communication channels of the issuing authorities. This will help you stay informed and avoid missing any important updates.

During the waiting period, it is essential to manage your expectations and understand that the processing time can vary. Be prepared for the possibility of additional requests for information or documents from the authorities. Respond promptly and provide the requested information to avoid delays in the decision-making process.

Remember, receiving a decision on your application may take some time, but it is an important step towards obtaining the travel document as a stateless person. Stay positive, continue to plan for your travel adventures, and be prepared to take the appropriate next steps once the decision is communicated to you.

Receiving the Travel Document

Receiving the travel document is an exciting milestone for stateless persons who have gone through the application process. It signifies that their efforts and patience have paid off, and they are one step closer to realizing their travel aspirations. Here are some important points to consider when receiving the travel document:

• Notification of approval: Once a decision has been made on your application, the issuing authorities will notify you of the approval and provide instructions on how to collect or receive your travel document. Pay close attention to any deadlines or requirements mentioned in the notification.
• Collection options: Depending on the country and the specific procedures, you may have different options for collecting the travel document. It could be available for pick-up at a designated office or delivered to your address via mail or courier service. Follow the instructions provided and ensure that you have the necessary identification or documentation to collect the travel document.
• Inspect the document: Upon receiving the travel document, carefully inspect it to ensure that all the information is correct. Verify your name, photograph, date of birth, and other personal details. If you notice any errors or discrepancies, notify the issuing authorities immediately for rectification.
• Safeguard the document: The travel document is a valuable and essential document for your international travel. Keep it in a secure place, such as a safe or a lockbox, to prevent loss or damage. Make copies of the document and store them separately as a backup.
• Validity and renewal: Check the validity period of the travel document and take note of the expiration date. Plan your travels accordingly, ensuring that the document remains valid throughout your journeys. Stay informed about the renewal process to avoid any disruptions in your ability to travel.
• Consult travel advisories: Before embarking on your travels, consult travel advisories and guidelines to ensure that you are aware of any restrictions or requirements for the countries you plan to visit. Stay updated on any changes in visa regulations, entry requirements, or COVID-19 protocols that may impact your travel.

Receiving the travel document marks the realization of your goal to obtain the necessary document for international travel as a stateless person. Take a moment to celebrate this achievement and feel inspired to embark on your travel adventures with confidence.

Remember, always carry your travel document with you when traveling internationally and present it when required for immigration or border control purposes. It is a testament to your identity and legal status, enabling you to enjoy the privileges and benefits associated with international travel.

Obtaining a travel document for stateless persons is a significant achievement that opens doors to new opportunities and experiences. While the process may be complex and challenging, it is a crucial step towards realizing the dream of traveling internationally. Through understanding the requirements, gathering the necessary documents, completing the application form, attending the interview, paying the application fee, and patiently waiting for a decision, stateless individuals can overcome the obstacles they face and obtain the travel document they need.

It is important for stateless persons to research and familiarize themselves with the specific procedures and requirements of their country of residence. Seeking guidance from legal professionals or immigration experts can provide valuable support throughout the process.

Once the travel document is obtained, it is vital to remember its significance and safeguard it. Treat the travel document with care and ensure it remains valid throughout your travels. Stay informed about travel advisories and any changes in visa regulations or entry requirements for the countries you plan to visit.

Embarking on international travel as a stateless person is a remarkable achievement, and it is a testament to resilience and determination. It provides an opportunity to explore new cultures, connect with diverse communities, and broaden horizons. By overcoming the challenges and obtaining the travel document, stateless individuals can embrace the freedom to travel and create unforgettable memories.

Remember, the process may be different for each individual, depending on their country of residence. Stay informed, be patient, and persevere. Through determination and the right resources, stateless persons can navigate the journey towards obtaining a travel document and embarking on a world of opportunities.

• Privacy Overview
• Strictly Necessary Cookies

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.

Strictly Necessary Cookie should be enabled at all times so that we can save your preferences for cookie settings.

If you disable this cookie, we will not be able to save your preferences. This means that every time you visit this website you will need to enable or disable cookies again.

This is what it is like to travel as a stateless person

Every time I attempt to travel internationally, I am reminded of the hierarchies of humanity.

In early April, organisers of a conference I was planning to attend in London emailed me to say the event had been cancelled due to the COVID-19 pandemic. As I read their email, I realised that another event I was due to attend in July, this time in Belgium, would likely be cancelled too.

Despite being genuinely excited to participate in these events, rather than feeling disappointed, I felt an unusual sense of relief, a sense of liberty – I was saved from going through the gruelling visa application process and later being interrogated at airports, before and after each trip.

Keep reading

The hostility syrian refugees contend with in lebanon, how gaza’s children are preparing for israel’s invasion of rafah i close up, uk police arrest three over deaths of five people in english channel, uk passes bill to deport asylum seekers to rwanda: what’s next.

Some eight years ago, when I escaped my home country of Eritrea – where travel is considered a privilege, not a right – and landed at a US airport, I had wrongly assumed that I could finally reclaim my dignity and humanity in what appeared to be a free country. But in the years that followed, I learned the hard way that for an asylum seeker like me, in any country, finding real freedom is a lifelong journey.

Immigration and asylum systems in most countries around the world, including the US, are shaped by a mindset that considers immigrants not fully human. I had to go through unnecessary, dehumanising and degrading medical tests and submit endless, hard-to-get-hold-of documents to secure permanent residency in the US. But even after I managed to get the coveted Green Card and acquire some legal standing in the country, the American immigration system’s attempts to dehumanise me did not come to an end.

To this day, every time I attempt to travel internationally, I am reminded of the hierarchies of humanity. The never-ending security checks, Kafkaesque application procedures, and aggressive interrogations by airport workers make me feel guilty for even asking for permission to travel. I know I am not alone in feeling this way – immigration systems are built to make immigrants feel like they pose a threat to their host country and the world at large.

Before getting my Green Card, each time I wanted to travel outside the US, I had to apply for a “travel document” – a document for stateless individuals that is used in lieu of a passport. Each travel document is theoretically valid for a year, but in practice for only six months, as you cannot leave the country without a travel document that is valid for at least six months.

Getting a travel document is not easy either.

The first time, it took the authorities some seven months to process my application, and in the end, I had to cancel my travel plans. The second time, it took them six months, and I had to postpone my trip once again.

After receiving my Green Card, I became eligible for a “re-entry permit”, which is a similar document that is valid for two years. Renewing a re-entry permit, of course, is as complicated and time-consuming as getting a travel document.

These permits and documents are not cheap either.

Each travel document costs $220, while the price of a re-entry permit is $660.

And securing a travel document is only the beginning of the ordeal.

After getting a re-entry permit or a travel document, someone like me also needs to go through the maddening visa application process to leave the US.

For example, when I wanted to travel to the UK in April 2019 for a two-day conference, alongside my biometric data and a very detailed application form, I had to submit the following documents to secure a visa:

• An official invitation letter from the organisers stating they would be covering all expenses;
• A programme for the conference so the authorities could make sure it was real;
• A copy of my Green Card, so that the authorities could be sure that I would be returning home after my visit;
• A copy of a house lease in the US, for the same purpose;
• A copy of my academic credentials;
• A bank statement, to prove that I had enough money to survive in the UK;
• A copy of my marriage certificate to prove that I had sufficient family ties to ensure my return;
• A copy of the birth certificate of my daughter – who was born in the US – for the same reason;
• An award letter from my school that indicated that I am in good standing and still enrolled;
• A copy of my tax-returns to demonstrate that we have sufficient income as a family;
• Print-outs of writing samples from media outlets.

Of course, even getting a visa does not guarantee an easy journey.

I have to go through many more hurdles at airports.

Anticipating that anything may happen, I always make sure that I go to the airport hours before my scheduled flight. When I present my travel document to obtain a boarding pass, a puzzled look appears on the faces of airline workers. After incessantly typing on their keyboards for several minutes, they always ask the same question: “Do you have other documents apart from this?”

When I tell them that I am allowed to travel on the document I presented, they either consult their colleagues, call their bosses, or start asking me random and completely irrelevant questions in an attempt to hide their confusion.

It is hard not to get intimidated and angry when being subjected to such unnecessary, and at times aggressive, interrogation, but I always force myself to remain calm.

After all, I know that the person in charge, if so inclined, can take action to postpone or even completely cancel my travel plans.

Sometimes, even obtaining a boarding pass is not enough to get on a plane.

In April 2019, when I was travelling to the UK, I had a connecting flight at O’Hare International Airport in Chicago. To transfer from the local to the international terminal within the airport, I needed to take the airport shuttle. “No, we do not accept travel documents,” stated the officer in charge of the shuttle when I showed her my document and boarding pass.

I requested an explanation. After checking with her colleague, she replied, “We have been told that travel documents are not valid.” Then came the usual call, the usual reading of the title of my travel document and who issued it, and the usual hushed discussions between airport workers. I was eventually cleared to board the bus that would take me to the terminal, but I was left feeling stressed and anxious. Was I committing a crime by trying to travel to another country?

And, while leaving the US is a nerve-wracking experience, returning is not easy either.

When I land at a US airport, airline workers often order me to head to the waiting area. As I wait to be interrogated and searched, I wonder what the officials are doing. Are they keeping me waiting just to make me feel more anxious? Are they searching my name online to find more information about me? Are they planning to prevent me from getting on my connecting flight?

Airports – with their elaborate security procedures and frightening intercom announcements – are not easy for me to handle. Perhaps they are intimidating even for some who are lucky enough to have a powerful passport. But for me, there is also the added stress of feeling guilty for some imaginary wrongdoing. Every time I am in an airport, I ask myself if I am offending anyone by being there, or perhaps if I should have been allowed to travel in the first place. I always try to conceal my travel document from fellow passengers, as if it is a crime to possess such a paper and as if it would make them think I do not belong there.

In 2007, I wrote a short story about a man stuck “ in transit ” at an airport. Back then I had no experience of airports, it was just an allegory for my life, my captivity, in Eritrea. Little did I know one day, after leaving Eritrea for good, spending endless hours at airports and not knowing when, or if, I could reach my destination, would be a regular reality for me.

Today we are living through a pandemic that made travel a painful ordeal full of obstacles for every single one of us. While, like everyone else, I am frustrated about cancelled plans, lost opportunities and the feeling of captivity, I am also grateful.

Because now, for once, all human beings in the world, whatever travel document they may possess, are experiencing travel as I do.

The pandemic has levelled us and left us all in a perpetual state of transit.

I hope, when we are all free to travel without fear once again, politicians and immigration officials around the world will remember this experience, and start treating us all, regardless of the type of travel document we possess, with dignity and humanity.

The views expressed in this article are the author’s own and do not necessarily reflect Al Jazeera’s editorial stance.

UNCLASSIFIED (U)

9 FAM 201.2

Immigrant Travel Without a Visa and/or Passport

(CT:VISA-1835;   09-20-2023) (Office of Origin: CA/VO)

9 fam 201.2-1  related statutory and regulatory AUTHORITIES

9 FAM 201.2-1(A)  Immigration and Nationality Act

(CT:VISA-1;   11-18-2015)

INA 210 (8 U.S.C.1160); INA 211 (8 U.S.C. 1181); INA 212(a)(7)(A) (8 U.S.C. 1182(a)(7)(A)); INA 222(b) (8 U.S.C. 1202(b)); INA 245A (8 U.S.C. 1225a).

9 FAM 201.2-1(B)  Code of Federal Regulations

22 CFR 42.1; 22 CFR 42.2; 22 CFR 40.71; 8 CFR 211.1(b).

9 FAM 201.2-2  IV travel without a visa and/or passport – overview

There are certain circumstances in which an immigrant may travel without a visa and/or passport, or in which these requirements may be waived.

9 fam 201.2-3  Immigrant Travel without a visa

(CT:VISA-1471;   02-09-2022)

a. An unexpired immigrant visa (IV), reentry permit, or other valid entry document is required of an immigrant under INA 212(a)(7) except as indicated below.

b. Waiver for Certain Children Not Required to Obtain Visas: 

(1)  Child Born After the Issuance of Parent's Visa:  A child born after the issuance of a visa to an accompanying parent who will arrive in the United States with the parent and apply for admission during the period of validity of the visa issued to the parent is not required to obtain an immigrant visa.

(2)  Child Born to an LPR: A child born of a Lawful Permanent Resident mother during a temporary visit abroad is not required to obtain an immigrant visa if

(a)  seeking admission within 2 years of birth; and

(b)  accompanied by either parent, who is applying for readmission upon first return after the birth of the child.  The accompanying parent must be found admissible for the accompanying child to be eligible for admission without an immigrant visa. 

(3)  Requiring Reentry Document of Child’s Parent:  The provisions of 9 FAM 201.2-3 paragraph b(1) and b(2) above apply only if the noncitizen parent is in possession of a valid Form I-551, a valid reentry permit, refugee travel document (lawful permanent resident only), an SB-1 visa, or other appropriate documentation consistent with 8 CFR 211.1(a). With respect to 22 CFR 42.1(d), it is irrelevant whether the visa issued to the accompanying parent is an initial visa or a replacement visa.

(4)  Evidence of Parent-Child Relationship:  Parents must present the child's birth certificate or other evidence of parentage for the child to qualify under the provisions of 9 FAM 201.2-3 paragraph b(1) and (b)(2) above.  

9 fam 201.2-4  Immigrant travel withOut a passport

(CT:VISA-1323;   07-21-2021)

The passport requirement of INA 222(b) does not apply to the following categories of immigrants:

(1)   Stateless Person and Accompanying Spouse and Unmarried Son(s) or Daughter(s):

(a)  In general, statelessness is a rare situation and an applicant can usually be presumed to be a national of the country having sovereignty over their place of birth, particularly if the applicant's parents were also nationals of that place.

(b)  If the applicant claims statelessness, the burden is on the applicant to establish that they did not acquire the nationality of their place of birth under the laws of that place and does not have any other nationality. As citizenship is often acquired through parents, you may also examine the nationality of the applicant's parents in those cases where nationality is unclear.

(c)  You must examine the facts and circumstances for each applicant to determine if the individual is appropriately categorized as stateless, including:

(i)     the individual's date and place of birth;

(ii)    the date and place of birth of the individual's parent(s);

(iii)    the nationality of the individual's parent(s);

(iv)   the nationality/citizenship laws in effect at the time of the individual's birth;

(v)    any subsequent nationality/citizenship laws that apply retroactively to the individual.

(vi)   If, after taking into consideration these and any other relevant factors, you determine that the individual has no nationality or citizenship, you may appropriately find the individual is stateless, for the limited purpose of determining whether the individual is required to possess a passport.  

(d)  If you encounter difficulties in determining whether an applicant is stateless, or the nationality of an applicant who is not stateless, for the purposes of this subchapter, you may consult with country authorities that may have records showing the nationality of its residents as necessary to adjudicate a pending visa application, unless there is reason to believe that doing so would endanger the applicant.

(e)  An individual who is a refugee or an exile normally retains the nationality of the country they fled and would not be considered stateless.

(2)  National of a Communist-Controlled Country:

(a)  The passport requirement may be waived for applicants who are nationals of Communist or Communist-controlled countries who are unable to obtain a passport.

(b)  In the case of an applicant who is applying in their country, you may determine, prior to visa issuance, if the applicant will be able to depart upon the issuance of a visa. If not, little positive benefit would be served by receipt of a visa, and the possibility exists that it could be harmful to the applicant and/or to the relations between the United States and the host government to issue such visa without a passport. If the applicant can obtain an exit permit or other travel documentation which will allow his legal departure from the country, there would then be no objection based on comity principles to the issuance of a visa.

9 FAM 201.2-5  Processing Individual Immigrant Passport Waiver Requests

(CT:VISA-1835;   09-20-2023)

a. You can issue an IV on a Form DS-232 for an immigrant within any of the categories listed in 22 CFR 42.2 (a through f) without concurrence from CBP.  An immigrant within any of those categories listed in 22 CFR 42.2 is not required to present a passport at the POE when first entering the United States.

b. An IV applicant who cannot obtain a passport and is not within categories (a) through (f) listed in 22 CFR 42.2 will need a waiver of the passport requirement.  Submit the required information (see 9 FAM 201.2-6 below) by email to your post liaison officer in CA/VO/F to request the waiver.  They will seek concurrence from CBP and notify you when the waiver has been approved.    

c.  You should record the names of the CA/VO officials and CBP POE / Field Office who approved the passport waiver in the CCD case notes. The visa foil should also be annotated to indicate the waiver (see 9 FAM 504.10-3(B)(2)) .

9 FAM 201.2-6  Furnishing Information Concerning Waivers to Immigration Officers

a. You must furnish the following information to CA/VO and CBP officers when requesting concurrence in waivers of passport and visa requirements in this IV DV Passport Waiver template:

(1)  Applicant's full name with all aliases;

(2)  Date and place of birth;

(3)  Nationality;

(4)  Flight itinerary including the date and port of expected arrival in the United States; please include the flight reservation as an attachment in the email if you have it.  (If the POE is undetermined, please submit a tentative itinerary with the tentative POE and travel itinerary.  CBP will not consider the passport waiver request without a POE as it is up to the POE to accept or reject the passport waiver request);

(5)  Immigrant classification;

(6)  Documents to be waived;

(7)  A summary of the of the emergent circumstances surrounding the case which must include information indicating that all the requirements of the subparagraph of 22 CFR 42.2(g) under which the waiver is recommended have been met;

(8)  Name, address, and telephone number of the person where the applicant intends to reside in the United States.

b. Officers must notify the designated CA/VO/F liaison with any itinerary changes.  If the applicant’s itinerary changes to a different POE a new waiver of passport request must be submitted.  CBP POE concurrence is granted by the Port Director at the POE, therefore a new request must be submitted.

Navigation and service

A notice about cookies.

Some cookies are technically necessary for the website to function. In addition to these necessary cookies, you can choose here whether to allow us to collect statistical information in fully anonymised form and without the use of cookies. This information helps us to understand how visitors use our website. You will find more information about data protection in our Privacy Policy .

• Counter-terrorism
• IT and cybersecurity
• Protection of the Constitution
• Federal Criminal Police Office
• Federal Police
• International cooperation
• Weapons law
• Immigration
• Law on foreigners
• Asylum and refugee protection
• Illegal migration
• Illegal entry
• Obligation to choose one citizenship
• Naturalization
• Crisis management
• Critical infrastructure protection
• The Federal Office for Civil Protection and Disaster Assistance
• Federal Agency for Technical Relief
• Volunteering in civil protection
• Constitutional issues
• Legislation
• Electoral law
• Funding of political parties
• European home affairs policy
• National holidays
• IT Planning Council
• Data protection
• Data Ethics Commission
• National Coordination Centre for Cybersecurity
• Cyber Security Strategy for Germany
• Social cohesion / volunteering
• Civic education
• Religion and the state
• German Islam Conference
• National minorities
• Ethnic German resettlers
• Police and Emergency Services
• Integration
• Cross-border regional cooperation
• Administrative Procedure Act
• E-government
• Federal public service
• Open Government
• Registration
• Passports and identity cards
• Federal sport policy
• Sport funding
• Fight against doping
• International sport policy
• Disinformation as hybrid threat
• Information about the 2024 elections to the European Parliament
• Anniversary of Russia’s war of aggression

You are here:

• Public service and administrative reform

Documents for foreigners

type: Article , Topic: Administrative reform

The electronic travel document and electronic residence permit have been standardized throughout the European Union in order to improve document security.

Source: BMI

Documents relevant to residence law are issued to citizens of other EU member states or non- EU countries (known as third-country nationals) on a case-by-case basis.

Electronic travel document

The electronic travel document for foreigners, refugees and stateless persons was introduced in Germany in November 2007.

The electronic travel document contains a digital photograph of the document holder. A second-generation travel document, which also includes two digital fingerprints, has been issued since 29 June 2009.

This new technology ensures a high level of security against forgery and document fraud.

Why were electronic travel documents introduced?

Like the electronic passport for German citizens, the new travel documents are intended to significantly improve and speed up identity checks. In addition, the card-holder information and biometric data stored on the chip prevent forgery and misuse by unauthorized persons.

Foreigners can view the data stored on the chip of their electronic travel document at foreigners authorities using a special chip reader.

Data stored on the chip in the electronic travel document

The type of data stored on the chip in the electronic travel document is the same as for the German passport, including the following personal and document-related information:

• first and last name, date of birth, sex and nationality;
• serial number, issuing country, document type and date of expiry.

International standards

The electronic travel document is a passport substitute, so it must be suitable for determining whether the person presenting the document during an identity check is also the rightful document holder. In addition to a conventional visual check, it is also possible to check the electronic travel document using a machine, which is the most important reason for introducing chip technology and biometrics in personal identification documents.

To check the electronic travel document using a machine, officials must be able to access the data on the chip. At the same time, this data must be protected against unauthorized access. The solution was worked out in international and European cooperation: The data stored on the chip are electronically signed, so they cannot be altered without escaping notice. And immediately after the data have been added to the chip, further write access is blocked. In addition, technical mechanisms have been defined EU -wide to protect the data on the chip against unauthorized access.

How access protection works

In an official inspection, the document holder hands the document over to the inspecting official, who opens the document and scans its machine-readable zone (MRZ), which contains the document holder’s first and last name and date of birth, and the document’s number and date of expiry. The last three items of information are used to generate a key which the document reader sends to the document in order to gain access to the data stored on the chip. That is, the document releases its data when the date of birth, document number and date of expiry are sent to it.

Additional protection for fingerprints

As especially sensitive personal data, the fingerprints stored on the chip receive additional protection on top of the already high security standard. Germany advocated an additional security mechanism and developed it in the relevant European bodies under the supervision of the Federal Criminal Police Office and the Federal Office for Information Security.

This additional protection has been added to the second-generation electronic travel document: The fingerprints on the chip can be read only by countries which Germany has granted special access rights.

More information about the electronic travel document

• For general and law-related questions, please consult your foreigners authority.
• For questions about technical issues, please contact the Federal Office for Information Security ( BSI ) on 01805 274-300 (8 – 17 hrs, 14 cents per minute) or at epass (BSI) E-Mail: ePass@bsi.bund.de

Introducing the electronic residence permit

The electronic residence permit was introduced on 1 September 2011 as a separate document in credit-card format for citizens of non- EU countries (third-country nationals), replacing the residence permit stickers in passports and travel documents.

The new electronic residence permit meets EU requirements for standardized residence titles for third-country nationals. The relevant EU regulations (EC No 1030/2002 and 380/2008) require all EU member states to issue uniform residence titles with biometric features.

The electronic residence permit contains a chip on which personal data, biometric features (digital photograph and two fingerprints) and any residence or employment restrictions are stored. The biometric data may be read only by official authorities such as foreigners authorities or the police. These data prevent forgery and fraud and are intended to help fight illegal immigration and residence.

The card itself is comparable to the new national identity card for German nationals, as it has the same optional electronic functions and offers additional advantages:

• Card holders can use online services securely,
• government authorities and online shops have access to a larger number of potential clients and customers using the online identification function, and
• card holders can register with Internet portals and prove their age more safely and easily.

Only those service providers who have a government-issued authorization certificate are allowed access to card-holder data.

The electronic residence permit is also prepared for qualified electronic signature ( QES ), which allows card holders to sign legally binding digital documents, such as contracts. To use this function, card holders must purchase the necessary certificate.

For third-country nationals who had a valid residence permit in the form of a sticker, nothing changed on 1 September 2011; these permits remain valid until their original date of expiry. Electronic residence permits are issued to third-country nationals applying for renewals or new permits.

Applications for all residence permits should be submitted to the foreigners authorities. Permit applicants should note that the electronic residence permits take longer to produce and issue.

Note: You must apply for a residence permit in person at your local foreigners authority four to six weeks before your current permit expires. For more information about the application procedure, please ask your foreigners authority.

Related topics

National identity card.

The new national identity card in credit-card format has been issued since 1 November 2010.

• Recommend page

Visit us on

• Contact Public Enquiry Service
• Contact Internet Editorial Team
• Contact Press Office

Public enquiry service

For general questions to the Federal Ministry of the Interior and Community, please contact our public enquiry service. Mondays to Thursdays: from 8 a.m. to 5 p.m. Fridays: from 8 a.m. to 3 p.m.

+49 228 99 68 10 + 49 30 18 681 0

Government service number 115

For all questions related to public administration, please contact the public administration's customer service. Mondays to Fridays: from 8 a.m. to 6 p.m.

Seiteninformation

• Publication Data
• Privacy Policy

© Federal Ministry of the Interior and Community, 2024

Accessible content

Stateless person’s travel document.

Who is issued a stateless person’s travel document?  A stateless person’s travel document is issued and it is a compulsory personal identification document for a person who has reached the age of 15 and who has been granted a stateless person’s status according to the Law “On Stateless Persons’ Status in the Republic of Latvia”. A travelling document is issued to a child under the age of 15 upon request of the child’s parents. What is the validity period of the travel documents?  The stateless person’s travel document is issued for two years.  Where the stateless person’s travel document can be obtained?  Documents to apply for the stateless person’s travel document are submitted and the document is issued at  the territorial section of the OCMA.  

Documents  to apply for the travel document.

What to do if the passport is lost?  If the passport has been lost, stolen or taken away by force, the person shall inform about this fact the passport issuing authority (the OCMA),  the State Police  or the  State Border Guard , or, if abroad, the  Diplomatic or Consular Representative Office of Latvia  within 5 days. Within 30 days after the determination of the fact the person shall submit documents to apply for a new passport. If the person has reported about the loss of the passport in writing, in case the passport is found, it becomes invalid and a new passport must be obtained. 

Share this page content!

Language selection

• Français fr

Who can apply

There are 2 types of travel documents for non-Canadians:

• We issue these to protected persons in Canada, including Convention refugees and persons in need of protection.
• are not protected persons and are stateless or
• can’t obtain a passport from their country or a travel document from any other source

You have to be in Canada to apply for a travel document.

Once we receive your application, we decide

• which type of travel document to give you
• how long it will be valid for

You can't use these documents to travel to your country of citizenship.

You should contact the embassy of the country you plan to visit   (opens in a new tab) to check if your travel document will be accepted.

Travel documents for children

You may apply for a travel document for a child (under the age of 16) if you are 1 of the following:

• one of the child’s parents with proof of parentage
• if separated or divorced, the person with parental rights and all the necessary legal documents
• the child’s legal guardian with proof of legal guardianship
• Next: How to apply

Page details

• International edition
• Australia edition
• Europe edition

Operation Zufolo: Australia deployed a ‘charade’ to sustain indefinite immigration detention – it failed

Exclusive: The federal government set out to show it was trying to deport non-citizens, knowing there was a risk a key high court ruling could be overturned. But an insider says it was purely symbolic

• Get our morning and afternoon news emails , free app or daily news podcast

I n July 2022 Australia’s immigration minister, Andrew Giles, was warned of legal “risks” associated with immigration detention and the need to show “concrete and robust steps” to deport non-citizens stuck in limbo.

A taskforce had been set up within the home affairs department to explore third country options to resettle long-term detainees in immigration detention. Its existence was never publicised and references to it were redacted from documents released under freedom of information.

But in the high court on 17 April the Australian Border Force operation that succeeded the taskforce was revealed for the first time: Operation Zufolo.

The solicitor general, Stephen Donaghue, said the operation was a look at “all the long-term cases to evaluate whether there was any possibility of third countries” for resettlement.

But lawyers say there is no evidence the taskforce has succeeded in removing anyone to a third country, and government sources concede it served as a device to head off or boost prospects in problematic court cases.

One government insider says Operation Zufolo exists to “look like we are symbolically doing something” to consider resettlement.

A departmental spokesperson confirmed to Guardian Australia that in May 2022 it established “a third country options taskforce to enhance efforts to address removal barriers for long-term detention cases, particular for those individuals that could not be removed to their home country”.

In November 2022 it was succeeded in the ABF by Operation Zufolo, which is described as the operational and removal phase.

Removals ‘highly unlikely’

The ABF removed 2,274 unlawful non-citizens last financial year, all or almost exclusively to countries that cooperate with removal of their citizens, such as New Zealand.

But the department acknowledges there are “ongoing challenges” removing a “significant proportion of the detainee population” because they are owed protection, are stateless, or their home country won’t accept them due to their criminal history or their refusal to cooperate with deportation.

These are the long-term detainees Operation Zufolo seeks to resettle in third countries, but it is unclear that it has ever successfully done so.

In its July 2022 submission to the immigration minister, the department told Giles it was “highly unlikely” a person would be accepted without “at least significant ties” to the proposed third country.

Sign up for Guardian Australia’s free morning and afternoon email newsletters for your daily news roundup

Sanmati Verma, the managing lawyer of the Human Rights Law Centre, says the centre is “not directly aware of any instances in which the Australian government has successfully arranged third-country resettlement for a person in [onshore] detention”.

The US and New Zealand resettlement deals are limited to those who came to Australia by boat after July 2013 and then languished in offshore detention.

The onshore detention cohort is made up of the much larger group who flew to Australia legally on another visa and then claimed asylum , or who became unlawful non-citizens by overstaying their time-limited visa or because their visas were cancelled under character provisions.

The department and ABF did not respond to questions seeking anonymised examples or statistics of successful third country resettlement from onshore detention.

“The department and ABF actively explore all avenues to remove unlawful non-citizens from Australia as soon as reasonably practicable” including “genuine efforts to address barriers to removal in all cases, including exploring third country options”, a departmental spokesperson said.

‘Increased risks’ to indefinite detention

Since the high court’s 2004 Al Kateb decision, the Australian government had operated on the basis that indefinite immigration detention was lawful, even in circumstances where it was not possible to deport the non-citizen.

But in November 2023 the high court overturned that precedent in the NZYQ decision , which has so far resulted in more than 150 people being released from detention.

“Before NZYQ, warehousing people in immigration detention was standard practice,” Verma says.

“The government did not consider itself to be under any real obligation to bring an end to people’s detention through their resettlement in another country.”

Despite the Al Kateb precedent standing for two decades the legal risks were building. The department warned Giles it needed to respond to “increased risks” from court cases finding it needed to “pursue third country options”.

Coalition and Labor governments were both advised of the risk that Al Kateb – which was decided by a “bare majority” of four judges to three – could be overturned. The department believed good-faith efforts to resettle those detained would boost the prospect it would continue to be upheld.

Whether Operation Zufolo was thought likely to actually resettle detainees or simply to “look like we are symbolically doing something” on resettlement, as the government insider says, the object to avoid or bolster prospects in court cases was the same.

Verma at the Human Rights Law Centre, which intervened in the NZYQ case and others, says the government “engages in a flurry of activity directed at removal once court proceedings are commenced, but not before”, arguing this is done to cut off challenges.

A ‘leisurely approach’ to removal

One such litigant was Tony Sami, an Egyptian man whose visa was cancelled due to fraud offences and who then stayed in detention for a decade, desperate to remain in Australia to prevent separation from his two Australian children.

Because Sami was refusing to cooperate with Egyptian authorities to obtain a travel document, authorities considered his detention “three-walled”, meaning he could end it at any time by returning to Egypt.

But that changed when in December 2022 the federal court’s Justice Debra Mortimer said there was “no real likelihood” of Sami being removed, a finding that prepared him to go to the high court to challenge Al Kateb.

after newsletter promotion

Mortimer said before the case departmental officers had taken a “leisurely approach” to removing Sami, followed by a “vastly increased pace” of activity in the weeks before the case’s hearing.

After those damning findings, the Australian government succeeded in involuntarily removing Sami to Egypt .

For others removal proved impossible or was not seriously tried. In the high court, the lawyer Lisa De Ferrari criticised efforts to remove her client ASF17, a bisexual man who refuses to return to Iran , where sex between men is illegal and can attract the death penalty.

“What the commonwealth means by, ‘we did explore third country options’, was limited to … going to him and asking him, ‘are you sure you do not have any relatives in any other country but Iran that we might be able to use as avenues to investigate other countries?’

“That was all that it ever was,” she said. “It never was … about exploring with any third other country – nothing.”

Donaghue said the officer responsible for ASF17’s detention had explained that he was instructed he didn’t need to ask about third countries because Operation Zufolo determined none was available.

“So, the evidence is actually that we [the commonwealth] did try to find somewhere else,” he told the high court. “Unsurprisingly, for a citizen of Iran who could be returned to Iran if he cooperated, we did not find any.”

Undeportable NZYQ wins in high court

The commonwealth eventually met its match in the form of NZYQ, a Rohingya man, who proved impossible to deport because he is stateless and he had been convicted of raping a 10-year-old.

NZYQ launched his high court case on 5 April 2023. From 26 May to 18 September, the government considered giving NZYQ a visa in light of “litigation risk”, a proposal to release him and remove the foundation for the high court challenge.

Yet on 31 May the commonwealth agreed facts of the case including: that the department “had not identified any viable options to remove the plaintiff from Australia”; and had “never successfully removed a person, who has been convicted of an offence involving sexual offending against a child” except to a country of which they were a citizen. NZYQ could not be removed from Australia.

All this was agreed before a single country had been asked to take NZYQ.

Between July and September officials sounded out Bangladesh and Saudi Arabia because NZYQ had family members in both.

On 29 August the home affairs minister, Clare O’Neil, asked the department to progress all avenues to remove NZYQ, to leave “no stone unturned”, according to a departmental email.

On 16 September, Giles’s office said he was comfortable with this approach. Ministerial involvement resulted in approaches to Australia’s Five Eyes allies.

The commonwealth amended the facts of the case to include its removal efforts, as the legal strategy shifted to arguing that – unlike Al Kateb – it was not impossible to deport NZYQ.

No country said yes. The best the commonwealth could say when the high court heard the case on 7 and 8 November was that the US had agreed to take a “hard look”.

Deportation was a key component of the legal strategy, to distinguish NZYQ from Al Kateb by showing removal was still possible.

In the hearing NZYQ’s counsel, Craig Lenehan, said the removal efforts were done “under the shadow of this litigation”.

A “charade of working towards” removal was not enough to justify indefinite detention, he said.

The high court ruled there was “no real prospect of the removal of the plaintiff from Australia becoming practicable in the reasonably foreseeable future”.

All seven justices agreed that if deportation is not possible, then detention is punitive and breaches the constitution’s separation of powers.

The bare majority who gave a green light to indefinite detention in Al Kateb had been replaced by a unanimous red light from the Stephen Gageler court.

By one of its key performance indicators, propping up the legality of indefinite detention, Operation Zufolo had failed.

• Australian immigration and asylum
• Law (Australia)
• Australian politics

Most viewed