14. Determination procedures should adopt an approach to evidence which takes
into account the challenges inherent in establishing whether a person is
stateless. The evidentiary requirements should not be so onerous as to defeat
the object and purpose of the 1954 Convention by preventing stateless persons
from being recognized. It is only necessary to consider nationality in relation
to States with which an individual applicant has relevant links (in particular by
birth on the territory, descent, marriage or habitual residence).
15. While possession of a passport may raise a presumption of nationality, this is
rebuttable as some countries issue “passports of convenience” to individuals
who are not their nationals.
16. Determining statelessness requires an examination of the practice as well as
the law in relation to nationality in the relevant State(s). As such, it is essential
that the determining official has access to credible, accurate, and
contemporary information. This may be gleaned from a variety of sources –
governmental and non-governmental – and cooperation between States and
other actors in setting up reliable database(s) of nationality laws and practice
should be encouraged.
Contacting foreign authorities
17. Information provided by foreign authorities is sometimes of central
importance for determinations on statelessness. However, contact with such
authorities does not need to be sought in every case, in particular where there
are already adequate elements of proof. Under no circumstances should
contact be made with authorities of a State against which an individual alleges
a well-founded fear of persecution unless it has definitively been concluded
that he or she is not a refugee or entitled to a complementary form of
protection.
18. Flexibility may be necessary in relation to the procedures for making contact
with foreign authorities to confirm whether or not an individual is its national.
Some foreign authorities will only accept inquiries that come directly from
another State while others are only open to contact from individuals. In some
cases UNHCR’s assistance in making contact with, and obtaining a response
from, foreign authorities may be necessary and the Office should offer its
support in this regard as appropriate.
19. When contacting foreign authorities, States may set time-limits for a response
as it is in the interest of both States and stateless applicants that statelessness
determination proceedings be expeditious. However, some cases might present
particularly complex circumstances that will require more time for resolution.
Additional time may be warranted, in particular where there is evidence that
an individual may in fact be a national of a specific State but has yet to receive
official attestation of this.
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