II. STRUCTURE
II.1 The authority in charge
A) Summary of international standards
For statelessness determination procedures to be effective, the determination must be a specific objective
of the mechanism in question, though not necessarily the only one. UNHCR recommends centralised
procedural structures, as they are more likely to allow the necessary expertise to develop among the officials
undertaking status determination.25
B) Existing good practices
There is no general rule for appointing the most appropriate authority for statelessness determination, as
this largely depends on the characteristics of the given country, its administrative system and the size and
location of the envisaged stateless population. In this respect, the structure must be evaluated in light of the
specific national circumstances.
Statelessness determination has been delegated to the asylum authority in France,26 Moldova,27 Spain,28
the Philippines29 and the United Kingdom.30 A very similar structure is in place in Mexico, where the
immigration authority31 takes the formal decision, but it is based on the assessment of the asylum authority.32
These can be considered as good practices, as:
Statelessness is primarily a migratory phenomenon in these countries, the number of applicants is
relatively low;
The asylum authority is centralised, providing a good opportunity to accumulate knowledge and
practical experience in determining statelessness;
The authority in charge has a clear protection profile and mandate.
Therefore, the institutional framework chosen well reflects the national characteristics and enhances
efficiency and respect of international standards.
25 For detailed guidance see UNHCR Statelessness Guidelines 2, Para 10-15
26 French Office for the Protection of Refugees and Stateless Persons (Office français de protection des réfugiés et apatrides, OFPRA)
27 The Asylum Directorate of the Bureau for Migration and Asylum (Biroul Migratieş i Azil, BMA)
28 Office of Asylum and Refuge (Oficina de Asilo y Refugio, OAR)
29 Refugee and Stateless Persons Protection Unit (RSPPU) at the Ministry of Justice
30 The UK Home Office
31 National Institute of Migration (Instituto Nacional de Migración, INM)
32 Mexican Commission for Aid to Refugees (Comisión Mexicana de Ayuda a Refugiados, COMAR)
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