The Republic of Moldova
In 2011, the Republic of Moldova adopted legislation establishing an SDP by introducing
Chapter X (1) to the Law on the Regime of Foreigners (Moldovan Law).43 This legislation
contains detailed provisions on how the procedure is to be conducted. An application
for statelessness status can be initiated either by an individual or ex officio by the
Bureau for Migration and Asylum of the Ministry of Internal Affairs (Bureau for Migration
and Asylum). There is a specialized administrative unit dealing with statelessness and
information within the Asylum and Integration Directorate under the Bureau for
Migration and Asylum.
An application can be submitted orally or in writing and is free of charge. Applicants
who are unable to speak the State language will be provided with an interpreter and
applicants have the right to legal representation. The application must contain a clear
and detailed description of the facts, including evidence to substantiate a claim for
statelessness, and must indicate an individual’s place of birth, parentage and countries
of habitual residence. If the applicant is not able to submit any documents for reasons
beyond their control, the competent authority for foreigners will make a decision on their
stateless status based on the available documents (Article 87(6)). Upon submitting the
application, the competent authority for foreigners will verbally advise the applicant of
his or her rights and obligations during the procedure.
The Moldovan Law requires that applicants are granted an interview within 15 working
days following the submission of an application. The interview must be recorded in
writing and include information on the applicant’s identity; the type of evidence
submitted; details regarding any submitted documents, such as validity, place of
issuance and issuing authority; civil status; employment; education; and place of
residence in the Republic of Moldova. During the interview, the applicant is required to
explain the reasons for submitting a statelessness application and present any
additional available evidence.
Applicants for statelessness status will be granted the right to stay in the Republic of
Moldova during the examination of their claim and can only be removed from the
territory for reasons of national security and public order. Applicants have the right to
43
Law on Amendment and Completion of Certain Legislative Document, adopted by the Parliament of the Republic of
Moldova on 28 December 2011, available at: http://www.unhcr.org/refworld/docid/4fbdf6662.htm
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