Dear Supporters,
Hope you all had a Merry & Safe Christmas and Happy Boxing Day.

Refusal Letter
I received an email directly from the Home Office Statelessness Determination Team on 15 December 2020 16:33pm.

The Home Office refused my April 2019 stateless application. Below are the key-points of the refusal:

For the first time, the Home Office accepts that
1) I am stateless;
2) I am not automatically eligible for re-acquisition of Malaysian citizenship;
3) Residence Pass is not a Permanent Residence

Reason for refusal
1) the Home Office considered Residence Pass is a route to obtain permanent residence is available
2) the Home Office (for the first time) emphasize that I have not attempted to apply with the Home Office under the formal voluntary returns process
(i. there is no guarantee, no assurance, nor evidence to show that this route will guarantee a permanent residence.
ii. the Home Office either overlook or ignore the 2019 Malaysia authorities email that show I do not meet the requirement to apply for Residence Pass.
iii. there is no such requirement in the Stateless Guidance, that a stateless applicant is mandatory need to apply the Home Office formal voluntary returns process in order to proof that the applicant is not admissible to another country for the purposes of permanent residence)

My solicitor had been very helpful during this busy and festive time of the year and submitted an Administrative Review and lodged a human rights appeal on my behalf.

The Stateless Guidance states "In April 2013, the UK incorporated a new procedure under the Immigration Rules to allow stateless persons to be formally determined as stateless and granted leave to remain where they have no other right to remain under the rules but cannot leave voluntarily or be removed from the UK because they have no right of permanent residence in their country of former habitual residence or in any other country."

Freedom of Information (Internal Review) - link
The Home Office states that
1) the verbal agreement made thereafter of the 2011 Memorandum of Understanding, was between the Foreign and Commonwealth Office (now Foreign, Commonwealth & Development Office) at the time

2) The Home Office does not hold information on a formal conclusion date to the negotiations between UK and Malaysia surrounding the voluntary return of Malaysian BOC passport holders

3) by disclosing the Memorandum of Understanding signed in 2011, would or would be likely to damage the UK relationship with Malaysia.

Wishing you and your family a Happy, Peaceful & Healthy New Year!

Thank you very much for your continue support.

Best wishes,
Liew