mother and child was successful, and the case was successfully returned back to the Ministry for reconsideration which, in the end, granted subsidiary protection to the mother and child while the father´s case is still pending. However, the statelessness of the child was not mentioned or considered by the court or by the Ministry. 4.4 Spain Five cases were included in the research in Spain. Three cases relate to children of Sahrawi origin, one of whom was seeking statelessness status with his parents; the other two were seeking confirmation of their Spanish nationality having been born stateless in Spain. A fourth case related to a child born in transit in Morocco to a Cameroonian mother who then travelled on to Spain and claimed asylum. The fifth case was a family of Russian origin seeking international protection in Spain, including one child who was born in Spain who is at risk of statelessness due to the inability to confirm whether the child has acquired Russian or any other nationality. Some of the key barriers identified in the Spanish cases include delays in the statelessness determination procedure, leading to issues accessing reception support and the right to work for parents, as well as making the civil registration process for children born in Spain to parents seeking statelessness status more complex. Evidence from the research suggests that practice varies between different civil registry offices in different regions in terms of how the safeguard in nationality law for a child born on the territory who would otherwise be stateless is interpreted and applied in practice. In some civil registry offices, parents are required to have a positive decision on a statelessness status claim before the child may be registered as Spanish (as evidenced by the case in Mérida in the research); whereas in others (for example, in the case included in the research in Toledo) the child was duly registered, and his Spanish nationality confirmed while his mother’s SDP application was still pending. The other cases illustrate two very current issues and causes of risks of statelessness among children in migration. Firstly, the risk that may arise when a child is born to a refugee parent in transit and their birth is not registered. In this case, the mother also lacked proof of identity and nationality, and determining the child’s nationality was further complicated by the mother’s fear of gender-based persecution from her own and the child’s father’s family. The final case illustrated clearly the difficulties faced by applicants for international protection who lack identity documents and proof of family links in registering a child born in exile with the authorities of their country of nationality to acquire confirmation and proof of the child’s nationality.

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