… it is important that applicants throughout the country have easy access
to a determination procedure and that they are informed of the existence
of the procedure, for example through information in institutions which
provide services to migrants.
… because fundamental rights are at stake, States need to incorporate procedural safeguards in determination procedures, including:
♦ Refraining
from removing an applicant from the territory pending the
outcome of the determination process;
♦ Access to legal counsel - where free legal assistance is available, it is to
be offered to applicants without financial means;
♦ Giving the applicant a right to an interview with a decision‑making
official;
♦ Decisions that are made and communicated to the applicant within a rea‑
sonable time, in writing, in a language they understand, and with reasons;
♦ A right for the applicant to appeal a first instance negative decision.
More procedural safeguards are described in the UNHCR Handbook on Protection of Stateless Persons.
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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