CO N S I D E R AT I O N S W H E N
E STA B L I S H I N G A STAT E L E SS N E SS
D E T E R M I N AT I O N P RO C E D U R E
S
tates have broad discretion in the design and operation of statelessness
determination procedures. When establishing a statelessness determination
procedure, States need to keep in mind that…
… although the 1954 Convention
does not prescribe a particular pro‑
cedure, formalizing a procedure in
law ensures fairness, transparency
and efficiency.
… a centralized procedure is preferable as it is more likely to develop
the necessary expertise among deci‑
sion makers.
… some stateless persons may also
be refugees. Therefore, States may
consider combining statelessness
and refugee determination in the
same procedure. Confidentiality
requirements for applications by
asylum‑seekers and refugees must
be respected regardless of the form
or location of the statelessness de‑
termination procedure.
… it is not easy for people to prove
that they are stateless. Most of the
time, stateless persons have no docu‑
ments or other evidence to prove that
they are not considered a national
by any State. In light of this, both
the applicant and the determination
authority must cooperate to obtain
evidence to establish the facts. Au‑
thorities undertaking statelessness
determination must consider all
available evidence, oral or written,
regarding an individual claim. This
may include the analysis of national‑
ity laws of other countries and how
they are applied.
S t a t e l e ss n e ss D e t e r m i n a t i o n P r o c e d u r e s
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