III.2 Practical access to the determination procedure (where and how to submit a claim for protection)
A) Summary of international standards
For statelessness determination procedures to be fair and efficient, access to them must be ensured. Dissemination
of information, including through targeted information campaigns where appropriate and counselling on the
procedures, facilitates access to the mechanism for the identification of stateless persons. Applications should be
received in writing, and assistance with this should be provided if necessary.44 This is separate to the recommended
requirement to provide free legal representation to those who lack means.
B) Existing good practices
Bureaucratic difficulties (such as complicated application forms, inflexible procedures, strict language
requirements, limited places where claims can be submitted, high costs, etc.) can encumber, or even impede
access to statelessness determination mechanisms. The protection-oriented framework therefore requires a
flexible interpretation of such rules, especially since the majority of the population of concern may be in a
vulnerable position and may not have the necessary language skill, financial means or possibility to travel that may
be justifiably expected in other types of standard administrative procedures.
Hungarian and Moldovan regulation provide a positive example, as claims for stateless status in these two
countries can be submitted both in written and oral form and in any language.45 In Hungary, claims submitted to
any state authority should be – according to the law – forwarded to the competent regional directorate of the
immigration authority (which is responsible for statelessness determination).46 The Moldovan rules specifically
foresee the provision of an interpreter in case the applicant does not speak the official language of the state.47
In Spain, claims can be entered at immigration offices and police stations all around the country, or at the
asylum authority in Madrid (which is in charge of determining statelessness).48 In the Philippines, applications for
stateless status may be filed directly with the Refugee and Stateless Persons Protection Unit (the decision-making
authority), as well as in the central office or any field office of the Bureau of Immigration in the port of entry or
admission of the applicant.49
44 See UNHCR Statelessness Guidelines 2, Para 16 and 19
45 Government Decree 114/2007.(V. 24.) on the execution of Act II of 2007 on the Admission and Right of Residence of Third-Country Nationals,
Section 159 (1); Act on the Amendment and Completion of Certain Legislative Documents, adopted by the Parliament of the Republic of Moldova
on 28 December 2011, 10 February 2012, Section 871 (2) and (4), respectively
46 Act CXL of 2004 on the General Rules of Administrative Procedures and Services, Section 22 (2)
47 Act on the Amendment and Completion of Certain Legislative Documents, adopted by the Parliament of the Republic of Moldova on 28
December 2011, 10 February 2012, Section 871 (4)
48 Royal Decree No. 865/2001 of 20 July approving the Regulation on the Recognition of the Stateless Status, 20 July 2001, Section 2 (3)
49 Department Circular No. 058 – Establishing the Refugees and Stateless Status Determination Procedure, Department of Justice, 18 October
2012, Section 6
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