Pre-removal detention of de jure stateless persons suffering from absolute lack of residence rights might seem an instance of the more general problem of legal limbo and irregularity in which undeportable persons find themselves. However, while third country nationals are undeportable usually for reasons of fact (non-cooperation of the individual, non-provision of travel documents by national embassies, lack of safe transportation means), de jure stateless persons might be undeportable because they lack right to stay on any country. This paper argues that the flaw is foreseeable from the study of law as it stands and that pre-removal detention of undeportable stateless individuals is therefore not a judicial error or a bug: it is a feature of the system at odds with the very rationale of a human right regime the purpose of which is to protect all persons against, inter alios, arbitrary detention.
We look forward to welcoming you on July 3-5, 2023 for our Annual Conference entitled "Islands and Ocean: Public Law in a Plural World." The conference will take place at the Victoria University of Wellington, in New Zealand. We will be announcing more details about the conference soon, including financial support to early career and global south scholars!