Examining the Potential Challenges of Artificial Intelligence in Statelessness Determination from a Human Rights Perspective

Abstract

Academic literature is scarce on the use of artificial intelligence (AI) in statelessness determination and its human rights consequences. Most existing research in the migratory context focuses on the use of AI, machine learning, algorithms and automated decision-making in refugee status determination and temporary resident visa applications. Drawing on this growing body of academic literature, this article addresses this gap by examining the potential human rights challenges that could arise if AI machine learning algorithms completely replaces human decision-makers in the determination of statelessness. These challenges will be explored within the context of non-discrimination, procedural fairness, and privacy. The article also argues that, despite these challenges, the use of AI should not be entirely dismissed. It further proposes ways in which AI can assist human decision-makers in the statelessness determination process – particularly with tasks that do not involve the determination of an individual’s stateless status. The article, however, argues that the partial use of AI may still raise human rights concerns such as privacy risk and it proposes strategies to mitigate potential risks.