§ § § Grant right to stay and automatically extend the validity of documentation for the duration of the statelessness determination procedure. Based on good practice, the submission of an application for statelessness determination should have a suspensive effect on removal orders and provides the right to stay for the duration of the procedure. However, not all the 20+ countries that have established statelessness determination procedures grant such a right to stay. Countries should consider lifting removal orders and allowing for the right to stay for the duration of the crisis. Authorities are encouraged to conduct all steps of the statelessness determination procedure by phone or online to the extent possible. This may include interviews, guidance on the procedure and legal aid, with due regard to data protection considerations. Regularly review whether any suspension of the statelessness determination procedure is still warranted by the situation and proportionate to the aim of protecting public health. Good practices § § § § Of the countries that have statelessness determination procedures in place, the laws of at least 14 contain a provision providing for a right to stay for the duration of the procedure (these include: Argentina, Brazil, Costa Rica, Ecuador, Georgia, Kosovo (S/RES/1244 (1999)), Mexico, Moldova, Montenegro, Panama, Paraguay, the Philippines, Turkey and Uruguay). In the United Kingdom, applications for statelessness determination can be submitted online for the duration of the crisis. Since the end of April statelessness determination has resumed. In Italy, statelessness applications can still be submitted by mail. In Costa Rica, applications for statelessness status can be submitted by email and interviews are conducted by phone. The authorities have extended the validity of temporary identity and residency documents, as well as work permits. Heightened risk for stateless persons who are in detention A considerable number of stateless persons are in prolonged pre-removal detention as they are not considered legally resident and there is no country to deport them to. Doctors and medical associations around the world have raised concerns about the potential risk of spread of COVID-19 within these centers. Recommendations • Stateless persons should not be placed in pre-removal detention and those in detention for reasons related to their lack of legal status should be considered for release. Good practices § UNHCR / May 2020 A number of European countries have started to release asylum-seekers from detention and not to place additional people, including new arrivals, in closed facilities. This includes, for example, Austria, Belgium, Luxembourg, Spain, Switzerland and the United Kingdom. Similar measures have been taken in Senegal, Cameroon, Côte d’Ivoire and Burkina Faso. 5

Select target paragraph3