Statelessness and the ability to receive a residence permit based on impediments to enforcement
(2018) WPMM43 20181Department of Political Science
- Abstract
- Being stateless, roughly means being without a citizenship of any nation. This is the definition of being stateless in legal terms, called de jure statelessness. There is also statelessness that entails being without the efficient protection of one’s nation, called de facto statelessness. Two groups of stateless migrants that correspond to these definitions are Bidoons from Kuwait and Palestinians from Gaza. Both of these groups of migrants, face difficulties returning to their home countries due to different reasons.
Kuwaiti Bidoons are de jure stateless; they do not have Kuwaiti citizenship and are regarded as illegal residents by the Kuwaiti state. Once they have left Kuwait, they cannot return unless they are able to produce a travel... (More) - Being stateless, roughly means being without a citizenship of any nation. This is the definition of being stateless in legal terms, called de jure statelessness. There is also statelessness that entails being without the efficient protection of one’s nation, called de facto statelessness. Two groups of stateless migrants that correspond to these definitions are Bidoons from Kuwait and Palestinians from Gaza. Both of these groups of migrants, face difficulties returning to their home countries due to different reasons.
Kuwaiti Bidoons are de jure stateless; they do not have Kuwaiti citizenship and are regarded as illegal residents by the Kuwaiti state. Once they have left Kuwait, they cannot return unless they are able to produce a travel document that is known to be very rarely issued. Palestinians from Gaza are regarded as de facto stateless, as the Palestinian State has limited control over its borders. Palestinian migrants from Gaza, face impediments to return to Gaza due to the difficulties to access the only available border crossing there is to enter Gaza, which is controlled by the Egyptian military.
In legal terms, an impediment to return to one’s home country is called an impediment to enforcement. The issue arises when an asylum seeker is denied asylum and shall return. There is existing legislation in Sweden to grant a residence permit on the grounds of impediments to enforcement. However, Sweden’s policy towards each of the above-mentioned groups is that Kuwaiti Bidoons cannot receive a residence permit on this ground, whereas Palestinians from Gaza can.
The purpose of this thesis is to develop an understanding as to why one of the groups’ impediment to return has been regarded as ‘sufficient’ in order to receive a residence permit, while the other has not. The analysis will take off in two judicial positions used in the Swedish Migration Agency that address these particular issues. The analysis will be accomplished using Critical Discourse Analysis in combination with the Social Construction Framework. The research question will be as follows: How can stateless migrants’ ability to receive a residence permit on the grounds of impediments to enforcement be understood using Critical Discourse Analysis of Sweden’s policies regarding de jure stateless Bidoons from Kuwait and de facto stateless Palestinians from Gaza?
The findings will show that the groups are differently socially constructed in the material, and that this may be an explanation of the differences in outcome. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/8940334
- author
- Widborg, Amanda LU
- supervisor
-
- Moira Nelson LU
- organization
- course
- WPMM43 20181
- year
- 2018
- type
- H2 - Master's Degree (Two Years)
- subject
- keywords
- Statelessness, Bidoons, Palestinians, Impediments to enforcement, Critical Discourse Analysis
- language
- English
- id
- 8940334
- date added to LUP
- 2018-08-22 14:56:28
- date last changed
- 2018-08-22 14:56:28
@misc{8940334,
abstract = {{Being stateless, roughly means being without a citizenship of any nation. This is the definition of being stateless in legal terms, called de jure statelessness. There is also statelessness that entails being without the efficient protection of one’s nation, called de facto statelessness. Two groups of stateless migrants that correspond to these definitions are Bidoons from Kuwait and Palestinians from Gaza. Both of these groups of migrants, face difficulties returning to their home countries due to different reasons.
Kuwaiti Bidoons are de jure stateless; they do not have Kuwaiti citizenship and are regarded as illegal residents by the Kuwaiti state. Once they have left Kuwait, they cannot return unless they are able to produce a travel document that is known to be very rarely issued. Palestinians from Gaza are regarded as de facto stateless, as the Palestinian State has limited control over its borders. Palestinian migrants from Gaza, face impediments to return to Gaza due to the difficulties to access the only available border crossing there is to enter Gaza, which is controlled by the Egyptian military.
In legal terms, an impediment to return to one’s home country is called an impediment to enforcement. The issue arises when an asylum seeker is denied asylum and shall return. There is existing legislation in Sweden to grant a residence permit on the grounds of impediments to enforcement. However, Sweden’s policy towards each of the above-mentioned groups is that Kuwaiti Bidoons cannot receive a residence permit on this ground, whereas Palestinians from Gaza can.
The purpose of this thesis is to develop an understanding as to why one of the groups’ impediment to return has been regarded as ‘sufficient’ in order to receive a residence permit, while the other has not. The analysis will take off in two judicial positions used in the Swedish Migration Agency that address these particular issues. The analysis will be accomplished using Critical Discourse Analysis in combination with the Social Construction Framework. The research question will be as follows: How can stateless migrants’ ability to receive a residence permit on the grounds of impediments to enforcement be understood using Critical Discourse Analysis of Sweden’s policies regarding de jure stateless Bidoons from Kuwait and de facto stateless Palestinians from Gaza?
The findings will show that the groups are differently socially constructed in the material, and that this may be an explanation of the differences in outcome.}},
author = {{Widborg, Amanda}},
language = {{eng}},
note = {{Student Paper}},
title = {{Statelessness and the ability to receive a residence permit based on impediments to enforcement}},
year = {{2018}},
}