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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
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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
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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
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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.
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