Existing Statelessness determination procedure
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respect for the specific protection needs presented by women, children and people
with disabilities;
a time limit for a decision following submission of a statelessness status application;
a right to receive a decision in writing with an explanation of the grounds on which it
was made; and
a right to appeal a first-instance rejection of an application on the basis of fact or law.
In addition, State practice also reflects rights to liberty and freedom of movement by
avoiding detention of those seeking recognition of their statelessness status. The laws
of Moldova and Montenegro explicitly grant the applicant a right to stay during the
procedure. The relevant law in Paraguay states that any administrative sanctioning
procedure for irregular entry or stay (such as detention or deportation) is suspended. A
number of States in the Americas enshrine the principle of no sanction for irregular entry
or stay (Brazil, Costa Rica, Ecuador and Panama). All the States in the Americas with
SDPs grant the applicant a provisional document conferring the right to stay.
SDP frameworks should take into consideration the particular needs of applicants,
particularly when the applicant is a minor or a person with disabilities which affects
the individual’s ability to participate in an SDP on an equal basis. A good example
in this respect exists in France where minors are interviewed in the presence of a
legal representative (either a person with parental authority or an individual granted
guardianship rights via a legal procedure). In the case of an unaccompanied minor,
an ad-hoc administrator is appointed by the public prosecutor. In Paraguay, legal
representatives are appointed for children, adolescents and individuals with disabilities
who are in need of such an arrangement.
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
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