procedure however does not fully take into consideration the specific aspects of statelessness and does not
in its present form guarantee a fair, efficient and consistent determination of statelessness and identification
of stateless persons. The existing procedure could better address the specific situations and aspects of
statelessness if it was adapted especially in terms of burden and standard of proof. The burden of proof
between the applicant and Migri should be shared and the same standard of proof as for refugee status
determination, namely, a finding of statelessness should be warranted where it is established to a “reasonable
degree” that an individual is not considered as a national by any State under the operation of its law should
be adopted.156 The possibility of an oral hearing157 should be strengthened in particular in cases where the
determination is not linked to the asylum procedure (in which the applicant’s right to oral hearing has been
guaranteed). Furthermore, the procedure in cases where the determination of citizenship status is linked
to asylum procedure would also need to be strengthened in order to ensure consistency in terms of the
authority, i.e. the Asylum Unit or the Nationality Unit of Migri, and also in terms of the conclusion of the
determination itself.
With regard to rights of stateless persons, there are very few provisions in the Finnish national legislation
referring specifically to stateless persons; in principle, the rights of stateless persons depend on their
residence status, similarly to other immigrants. In many respects, these provisions however guarantee the
minimum rights to stateless persons as required by Finland’s international obligations, but there are also areas
with gaps.
For instance, according to Article 23 and 24 of the 1954 Convention, the Contracting States shall accord
to stateless persons lawfully staying in their territory the same treatment with respect to public relief and
social security as is accorded to their nationals. This obligation is fulfilled by Finland in the sense that the
social security system of Finland is based on residence, not on nationality. However, as residence which can
be considered as permanent in the meaning of the Act on Application of Social Security Legislation based
on Residence is required, stateless persons who indeed reside in Finland lawfully but are not considered to
reside in Finland permanently, are not covered by the Act and the residence-based, comprehensive social
security system.
Moreover, according to Article 27 of the 1954 Convention, Contracting States shall issue identity papers to
any stateless person in their territory who do not possess a valid travel document. However, as there is no
specific provision for identity documents issued for stateless persons and as identity documents generally
are only issued to persons lawfully and permanently residing in Finland, stateless persons who are in Finland
temporarily, pending the processing of their asylum or other residence permit application or unlawfully, are
not provided with identity papers as required by the Convention. Furthermore, an additional obstacle for
obtaining an identity document is the requirement of established identity, which is a challenge for many
stateless persons.
Therefore, in order to ensure that stateless persons can enjoy the rights guaranteed in the international
treaties binding Finland, the need and possibilities of amending the current social security regime with regard
to specific provisions for stateless persons should be looked into. The issuance of identity documents to
stateless persons should also be looked into as part of the ongoing work with regard to the issuance of
identity documents to asylum-seekers and immigrants whose identity has not been established.
Furthermore, Finland’s reservations to the 1954 Convention should be reviewed with the view of lifting them,
in light of the developments since 1968 when Finland acceded to the Convention and the current nationality
legislation and practice.
44
156
This approach is encouraged in UNHCR’s Handbook on Protection of Stateless Persons, para 91.
157
UNHCR, Handbook on Protection of Stateless Persons: Right to an interview is recommended as one of the procedural safeguards
in para 71.
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