prospect of acquisition of citizenship in the near future, it may be
inappropriate to conduct a determination of whether they are stateless, in
particular where this could delay a durable solution (i.e. the grant of
nationality).
Design and location of statelessness determination procedures
3. Determination procedures should be simple and efficient, building to the
extent possible on existing administrative procedures that establish relevant
facts. Some State practice has, for instance, integrated determination of
statelessness in procedures regulating residency rights.
4. In principle, statelessness determination procedures should be conducted on an
individual basis. Nevertheless, there may be occasions where determination of
status on a group or prima facie basis may be appropriate, relying on evidence
that members of the group satisfy the stateless person definition in Article 1 of
the 1954 Convention.
5. States that wish to establish a statelessness determination procedure may
consider placing this procedure within a government authority appropriate not
only to the national legal and administrative context, but also one that reflects
the profile of the stateless population in the country in question, i.e. whether
stateless persons are present predominantly in a migration or in situ context.
Relevant bodies may include citizenship, immigration or asylum authorities,
though in some States these issues may be handled by a single entity. Where
stateless persons are present predominantly in their “own country,” the
solution for those individuals in situ will generally be acquisition of the
nationality of that country and the State body responsible for citizenship would
likely be the most appropriate entity, subject to the considerations set out in
paragraph 4 above.
6. As some stateless persons are also refugees, certain States parties to the 1954
Convention who are also party to the 1951 Convention relating to the Status of
Refugees may wish to fuse statelessness and refugee determination
proceedings. The advantages of a fused procedure include avoiding the extra
costs of establishing a separate administrative procedure to deal with
statelessness given the relatively low number of statelessness cases compared
to refugee cases and building on the relevant expertise and knowledge already
developed by authorities involved in refugee status determination. Other States
might prefer to separate the procedures for determining refugee status and
statelessness. The advantages of a separate procedure include awarenessraising about statelessness and developing specialization and expertise within
the authority concerned as statelessness raises many issues that are distinct
from those considered in refugee status determination.
7. Regardless of where a statelessness determination procedure is placed within
the State structure, it is recommended that States provide specialized training
on nationality laws and practices, international standards and statelessness to
officials responsible for making statelessness determinations. States, in
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