procedure by Migri. However, in principle, a significant part of clarifying the matter in the determination of
citizenship status procedure regarding possible cases of statelessness depends on the facts that the applicant
presents, as in most cases she or he is considered to be in the best position to provide the information and
clarifications. If there is no reason to doubt the veracity of this information, the matter is decided on the
basis of that information. It is worth noting though that while a grant of refugee status or other form of
international protection is clearly understood as a favourable decision to the applicant, a decision for the
person to be found stateless is not necessarily considered as such according to Migri.127
In light of the examples given by Migri with regard to drawing the line between stateless and “unknown
nationality”, Migri relies heavily on the person’s ability to provide documents to support her or his claim of
statelessness. If the person is unable to provide any documentary evidence with regard to her or his identity
and nationality or the lack of it, and Migri deems that there is a possibility that the person has a nationality
(i.e. Migri deems that they cannot rely on the person’s statements only), the person’s citizenship status is
defined as unknown rather than stateless, until further information is provided. Consequently, the likelihood
that the person is determined to be stateless is higher if the person is able to provide documents, e.g. a travel
document, which supports the claim or the assumption that she or he is stateless.128 This approach however
appears problematic; the assumption seems to be that the main reason why a person would not be providing
documentary evidence regarding her or his statelessness claim is that the person is simply unwilling to do
so, and that every stateless person has access to identity and other documents from the country of (former)
residence.
In nine of the reviewed asylum cases determined during the years 2009 to 2011 where the nationality of the
applicant had been determined as unknown, the applicant’s previous country of residence had not as such
been questioned. Most of these cases concerned Palestinians from various countries of habitual residence
and Kurds from Syria. These cases in principle did not have any significant, obvious or consistent differences
from those cases in which Palestinians from various countries of residence and Kurds from Syria had been
considered as stateless. Based on the content of the asylum decisions, it is not possible to draw conclusions
as to why exactly in these cases the persons were not considered as stateless. In a few of the decisions, it
was more obvious that the conclusion of “unknown nationality” was arrived at because of general lack of
credibility, which also concerned nationality (or the possible lack of it) and therefore there was a genuine
uncertainty regarding the person’s nationality.
A case of an asylum-seeker illustrates the difficulties with regard to the burden of proof. The person had
provided his birth certificate and refugee identity documents (which had been considered as technically
genuine by the Finnish authorities) and some documents regarding the country of origin and nationality of
his parents. However, he himself did not believe that he was a national of the country of origin of his parents
or the country of his habitual residence. The Nationality Unit, which determined his citizenship status,
considered that the person should have provided reliable documents regarding his identity and nationality
in order for his nationality to be determined; in the absence of such documents it was considered that his
nationality was not known. However, it remained unclear as to what further documents were expected of
the person and it appeared that the burden of proof with regard to the nationality or the lack of it was
fully placed on the applicant. Further, the person’s credibility was generally not questioned in the asylum
assessment and he was granted subsidiary protection that was partly based on the fact that the person did
not appear to be a national of any country. In light of this, the decision to consider the person’s nationality
as “not known” rather than stateless appears peculiar and unfortunate. The person’s own possibilities to
further prove his nationality or lack of it appeared limited. Also, by not formally determining the person in
question as stateless while granting him a residence permit in Finland, deprives him of the rights attached to
statelessness in Finland.
34
127
E-mail from Migri, 7 August 2012
128
Ibid.
MAPPING STATELESSNESS IN FINL AND
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