B) Existing good practices The regulation of the Philippines explicitly adopted the standard suggested by UNHCR: The finding that the Applicant is stateless is warranted where it is established to a reasonable degree that he or she is not considered a national by any State under the operation of its laws.78 Hungarian law also sets an explicitly lower standard of proof (inspired by a similar provision in the country’s asylum legislation), by stipulating that the applicant shall prove or substantiate her/his claim.79 C) Factors to consider when designing a national system  Has the country’s legislation or jurisprudence established formal rules concerning the standard of proof applicable in relevant procedures (asylum, immigration matters, etc.)?  If yes, is there a specific rule defining a lower standard of proof/threshold of evidence/level of conviction in asylum procedures that could be copied to statelessness determination?  If the country’s legislation and jurisprudence do not normally establish formal rules concerning the standard of proof, are there any specific provisions in place to suggest that no strict evidentiary rules apply (for example proving beyond reasonable doubt) in relevant procedures (asylum in particular)? Is a specific term (for example “substantiate”, “establish” or “demonstrate” instead of “prove”) used for this purpose in legislation?  If yes, can the same wording be copied to statelessness determination?  Is the standard of proof suggested by UNHCR (“established to a reasonable degree”) applied in any other relevant fields of law, which can be used as a reference? V.3 Evidence assessment A) Summary of international standards The lack of nationality does not need to be established in relation to every state in the world. Consideration is only necessary of those states with which an individual has a relevant link, generally on the basis of birth on the territory, descent, marriage, or habitual residence.80 The types of evidence that may be relevant can be divided into two categories: evidence relating to the applicant’s personal circumstances and evidence concerning the laws and other circumstances in the country in question. As for the first, UNHCR guidance provides a detailed list of examples, including the applicant’s statements, documentary and testimonial evidence, as well as information provided by other states. As for the second, it 78 Department Circular No. 058 – Establishing the Refugees and Stateless Status Determination Procedure, Department of Justice, 18 October 2012, Section 9 – emphasis added 79 Act II of 2007 on the Admission and Right of Residence of Third-Country Nationals, 1 July 2007, Section 79 (1) 80 See UNHCR Statelessness Guidelines 2, Para 40 28

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