Convention for the Reduction of Statelessness

http://www.austlii.edu.au/au/other/dfat/treaties/1975/46.html

CONVENTION ON THE REDUCTION OF STATELESSNESS

THE CONTRACTING STATES,

ACTING in pursuance of resolution 896(IX), adopted by the General Assembly of the United Nations on 4 December 1954,

CONSIDERING it desirable to reduce statelessness by international agreement,

HAVE AGREED as follows:

Article 1

1. A Contracting State shall grant its nationality to a person born in
its territory who would otherwise be stateless. Such nationality shall
be granted:

(a) at birth, by operation of law, or

(b) upon an application being lodged with the appropriate authority, by
or on behalf of the person concerned, in the manner prescribed by the
national law. Subject to the provisions of paragraph 2 of this Article,
no such application may be rejected.

A Contracting State which provides for the grant of its nationality in
accordance with sub-paragraph (b) of this paragraph may also provide
for the grant of its nationality by operation of law at such age and
subject to such conditions as may be prescribed by the national law.

2. A Contracting State may make the grant of its nationality in
accordance with sub-paragraph (b) of paragraph 1 of this Article
subject to one or more of the following conditions:

(a) that the application is lodged during a period, fixed by the
Contracting State, beginning not later than at the age of eighteen
years and ending not earlier than at the age of twenty-one years, so,
however, that the person concerned shall be allowed at least one year
during which he may himself make the application without having to
obtain legal authorization to do so;

(b) that the person concerned has habitually resided in the territory
of the Contracting State for such period as may be fixed by that State,
not exceeding five years immediately preceding the lodging of the
application nor ten years in all;

(c) that the person concerned has neither been convicted of an offence
against national security nor has been sentenced to imprisonment for a
term of five years or more on a criminal charge;

(d) that the person concerned has always been stateless.

3. Notwithstanding the provisions of paragraphs 1(b) and 2 of this
Article, a child born in wedlock in the territory of a Contracting
State, whose mother has the nationality of that State, shall acquire at
birth that nationality if it otherwise would be stateless.

4. A Contracting State shall grant its nationality to a person who
would otherwise be stateless and who is unable to acquire the
nationality of the Contracting State in whose territory he was born
because he has passed the age for lodging his application or has not
fulfilled the required residence conditions, if the nationality of one
of his parents at the time of the person’s birth was that of the
Contracting State first above mentioned. If his parents did not possess
the same nationality at the time of his birth, the question whether the
nationality of the person concerned should follow that of the father or
that of the mother shall be determined by the national law of such
Contracting State. If application for such nationality is required, the
application shall be made to the appropriate authority by or on behalf
of the applicant in the manner prescribed by the national law. Subject
to the provisions of paragraph 5 of this Article, such application
shall not be refused.

5. The Contracting State may make the grant of its nationality in
accordance with the provisions of paragraph 4 of this Article subject
to one or more of the following conditions:

(a) that the application is lodged before the applicant reaches an age,
being not less than twenty-three years, fixed by the Contracting State;

(b) that the person concerned has habitually resided in the territory
of the Contracting State for such period immediately preceding the
lodging of the application, not exceeding three years, as may be fixed
by that State;

(c) that the person concerned has always been stateless.

Article 2

A foundling found in the territory of a Contracting State shall, in the
absence of proof to the contrary, be considered to have been born
within that territory of parents possessing the nationality of that
State.

Article 3

For the purpose of determining the obligations of Contracting States
under this Convention, birth on a ship or in an aircraft shall be
deemed to have taken place in the territory of the State whose flag the
ship flies or in the territory of the State in which the aircraft is
registered, as the case may be.

Article 4

1. A Contracting State shall grant its nationality to a person, not
born in the territory of a Contracting State, who would otherwise be
stateless, if the nationality of one of his parents at the time of the
person’s birth was that of that State. If his parents did not possess
the same nationality at the time of his birth, the question whether the
nationality of the person concerned should follow that of the father or
that of the mother shall be determined by the national law of such
Contracting State. Nationality granted in accordance with the
provisions of this paragraph shall be granted:

(a) at birth, by operation of law, or

(b) upon an application being lodged with the appropriate authority, by
or on behalf of the person concerned, in the manner prescribed by the
national law. Subject to the provisions of paragraph 2 of this Article,
no such application may be rejected.

2. A Contracting State may make the grant of its nationality in
accordance with the provisions of paragraph 1 of this Article subject
to one or more of the following conditions:

(a) that the application is lodged before the applicant reaches an age,
being not less than twenty-three years, fixed by the Contracting State;

(b) that the person concerned has habitually resided in the territory
of the Contracting State for such period immediately preceding the
lodging of the application, not exceeding three years, as may be fixed
by that State;

(c) that the person concerned has not been convicted of an offence against national security;

(d) that the person concerned has always been stateless.