Paraguay
The SDP framework takes into account the particular needs of applicants in
circumstances of vulnerability. The National Secretariat for Children and Adolescents will
determine whether a child or adolescent is unaccompanied or separated from his or her
family immediately upon arrival into Paraguay or as soon as it becomes aware of the
child’s presence in the country. Legal representatives are appointed for children,
adolescents and individuals with disabilities that affect their ability to participate in an
SDP on an equal basis. CONARE prioritizes the best interests of the child and
applications submitted by stateless children or adolescents are given priority. CONARE
is required to adopt reasonable measures to ensure that applicants with disabilities have
access to facilities to present their case and comply with the requirements of the SDP.
The applicant and CONARE share the burden of proof to establish statelessness. The
applicant must cooperate with the Executive Secretariat to determine the facts justifying
their request for statelessness status and present all evidence in their possession or that
they could reasonably obtain. If the applicant cannot obtain the necessary documents
from foreign authorities, CONARE will support the applicant in acquiring them. CONARE
can consult with any State with which the applicant may have a relevant connection on
the basis of place of birth, ancestry, residence, marriage or other condition, to confirm
whether the State considers the applicant as its national. Consultations with foreign
authorities are done by the Executive Secretariat and only when the applicant does not
have a need for refugee protection or other forms of complementary protection.
CONARE may not share more information than is strictly necessary for the consulted
State to respond within a reasonable period of time.
Once the relevant evidence has been collected, the Executive Secretariat prepares a
technical report on the merits of the application and submits it to CONARE within ninety
days. Where a relevant fact cannot be proved, CONARE will interpret the evidence in
favor of the applicant if the overall application indicates that the applicant’s statement is
credible. A determination of statelessness status will be made when evidence
establishes statelessness to a ‘reasonable degree’.
The legislation requires that an application is resolved within six months of submission,
except where the complexity of the case requires an extension of an additional
maximum period of six months.
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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