Given the already existing barriers to securing a permanent residence permit
and subsequently Danish citizenship, the issuance of this status, rather than
convention status (§ 7,1) or individual protection status (§ 7,2) may not have a
significant impact in terms of exacerbating the already insufficient law and
policy to identify statelessness and facilitate stateless refugees access to
naturalisation in Denmark. However, it does add further complexity to the
already worrying situation of stateless refugees in Denmark.
The Identification and Resolution of Statelessness
Amongst Refugees in Sweden
The Identification of the Statelessness of Refugees in the Asylum Procedure
The Swedish Migration Agency (SMA), is the authority responsible for
identifying and assessing the statelessness of refugees. However, UNHCR have
reported that in Sweden “no comprehensive determination of an applicant’s
potential statelessness takes place during the asylum procedure” (UNHCR,
2016, p. 20). Due to this lack of law, policy and guidance, in certain situations
the SMA are not able to determine the citizenship or statelessness of the
applicant, categorising some people as ‘unknown citizenship’ Okänt
medborgarskap or ‘citizenship under investigation’ Under utredning (however,
guidelines on how and when these classifications should be used have not been
developed) (ibid).
Following the submission of an application for asylum, the SMA will conduct
interviews with the applicant. During these interviews, questions related to the
applicant’s country of origin and/or citizenship are raised. This is part of a
credibility assessment for the asylum claim, which includes determining where
the applicant was born, where they are from and which languages they speak
(Migrationsverket, 2016g). These questions do not have the specific intention of
determining a person’s citizenship, but rather they relate to establishing the
credibility of their claim for asylum.
Similar to the DIS, all SMA asylum caseworkers are expected to determine the
nationality or statelessness of asylum seekers, based on relevant legal provisions
related to nationality in the country of origin (UNHCR, 2016). However, a
crucial part of determining statelessness is also to consider the operation of the
law. It is unclear to what extent this is taken into consideration by the SMA
when they are making such assessments.
In response to the limited guidance received by SMA caseworkers on the
establishment of the identity (including nationality) of the applicant, UNHCR,
2016, p.38) notes:
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