Existing Statelessness determination procedure
cooperate with the decision-maker. On the part of the State, discharging its
responsibility for proving the applicant’s claim may involve contacting the authorities of
countries with which the applicant has a link. In Kosovo (S/RES/1244 (1999)) and
Moldova, for instance, legislative provisions allow the competent authority to take the
necessary steps to collect documents to substantiate the application by contacting the
authorities of the countries with which the applicant has a link. In Uruguay, the
responsible authority will produce all evidence deemed relevant to determine the merit
of the application, especially evidence relating to the way in which foreign authorities
interpret and apply their nationality laws. In Bulgaria, the legislation stipulates that the
applicant must ‘prove or substantiate’ their statelessness status. This obligation is
balanced at least in part by the requirement that a decision be issued by the Director of
the Directorate of Migration after ‘establishing all relevant facts and circumstances’ ex
officio.
In addition, examiners in most countries with an SDP have been found to apply an
appropriate standard of proof, i.e., where statelessness is established “to a reasonable
degree”, consistent with the objective of ensuring that stateless persons receive
protection.
5. Procedural guarantees
SDPs should be formalized in law so as to ensure fairness and transparency and must
include basic procedural guarantees. Part Two of the Handbook on Protection of
Stateless Persons outlines a comprehensive list of procedural guarantees to be
respected.27 Some of the most fundamental guarantees reflected in current State
practice include:
•
•
•
access to an interview;
interpretation assistance;
legal aid;
27
Please see UNHCR, Handbook on Protection of Stateless Persons, 30 June 2014, Part Two: Procedures on the
Determination of Statelessness. Section B (3) (paragraphs 71 - 77).
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U N H C R > G P P AC T I O N 6 : E S TA B L I S H I N G S TAT E L E S S N E S S D E T E R M I N AT I O N P R O C E D U R E S