Annex I
United Kingdom: Immigration Rules, Part 14: Stateless People. Asylum Policy Instruction.
Statelessness and applications for leave to remain
Legal Basis/Determining Authority
Complex Casework Directorate, Home Office.
Unrelated to the asylum authority.
Conditions for access
Submission in writing/orally
Centralized/decentralized
Asylum and statelessness applications may proceed in
parallel in circumstances where it is determined that the
stateless leave application can be decided such that any
enquiries with relevant national authorities would not
breach the Home Office duty of confidentiality.
Submission to be made in writing, using the standard
application form.
Centralized procedure.
Suspensive effect of removal order
No.
Right to stay during the procedure
Interview
Not mandatory.
Legal aid
No State funded legal aid.
Burden of proof
On applicant, but caseworkers may assist with inquiries
with national authorities.
Right to appeal
No statutory right of appeal to an independent body but
the applicant can apply for administrative review to be
undertaken by the Home Office. The applicant can also
seek judicial review of negative decisions.
Facilitated naturalization
Generally no. However, stateless children who meet very
specific criteria can register as a British citizen (or British
Overseas Territories citizen) with a reduced residency
requirement.
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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