Existing Statelessness determination procedure
Good practices on the continuation of SDPs and the protection of
applicants during a health crisis
At the time of publishing this paper, the COVID-19 virus is affecting most
countries in the world and most governments are taking measures to limit the
spread of the virus. In a number of countries, these measures include
suspending or modifying administrative procedures that are deemed noncritical. The complete suspension of SDPs is likely to result in significant
application backlogs and, more importantly, an extended period in which
stateless persons will remain in limbo and without access to the rights
afforded to recognized stateless persons. A number of good practices have
been identified that allow for the continuation of at least parts of the
procedure during the public health crisis.
To avoid gatherings of applicants and staff, procedures allowing for the
written or electronic submission of statelessness applications are
encouraged. Good practices can be found in Costa Rica, Ecuador and the
United Kingdom, among other countries, where applications can be
submitted online. The introduction of new ways to apply for statelessness
status will increase the accessibility of the procedure and should be
considered to continue after the crisis has ended. Subsequent steps in the
process of statelessness status determination, including the provision of legal
advice and guidance, may also take place by phone or online.
As a matter of good practice, the submission of an application for
statelessness determination should have a suspensive effect on removal
orders and provide the right to stay for the duration of the procedure. This
becomes even more important in times of a public health crisis that has led
many governments to put in place measures to restrict access to, and
movement within the territory, to nationals. However, not all countries that
have established SDP 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.
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