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Statelessness & Citizenship Review 2021 Immigration Act of 1940’ 3(1) Refugees and Stateless Status Determination Procedure’ Africa Country Côte d'Ivoire Organic Law that Makes Reference to Statelessness — SDP: Law/ Executive Branch Decree, Resolution or Application Rules Interministerial Order No 837//MAE/MJDH of 2 September 2020 on the Creation, Organisation and Functioning of the National Commission for the Appeal of Stateless Status 131 Year — Year 2020 SDP Express Reference to Civil Registry No 131 Arrête Interministériel No 837//MAE/MJDH du 02 septembre 2020 portant création, organisation et fonctionnement de la Commission nationale de recours au statut d’apatride [Interministerial Order No 837//MAE/MJDH of 2 September 2020 on the Creation, Organisation and Functioning of the National Commission for the Appeal of Stateless Status] (Côte d'Ivoire). 92

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Breaking the Presumption That Applicants of Statelessness Determination Procedures Are Foreign

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Author: P.P. Quiñones

Journal / Publisher: Statelessness and Citzenship Review

Volume / issue: 3

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Description: This article considers the situation of those who apply for a determination of their status as a stateless person but could, nonetheless, be nationals of the state in which they apply. Cases of in situ statelessness provide the greatest opportunity for the identification of these situations. After having identified 23 formal Statelessness Determination Procedures (‘SDP’) adopted as of 2020 from 23 countries, it is conclusive that these norms presume the applicant is foreign. However, eight countries have been identified that have safeguards in their SDP norms recognising the possibility that there could be identified applicants who may be nationals and containing procedures to follow in cases of doubt. This issue constitutes a ‘red flag’ for raising awareness of discriminatory state policies that assume stateless applicants are foreign and should receive second-class citizenship (naturalisation), rather than refer the case to the corresponding national civil registry authorities and facilitate access to nationality. The issues raised in this article have not previously been analysed in doctrine or by the United Nations High Commissioner for Refugees

Type of resource

Academic publication

Source

Academia : Individual Scholarship

Region

Americas
Europe

Country

Argentina
Costa Rica
Georgia
Moldova
Panama
Paraguay
Turkey
Ukraine

Theme

Identification / Determination of Statelessness

Framework

UN Human Rights system
UN Statelessness Conventions

Date published: Jul 28, 2021

Source URL: Direct Link

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Select target paragraph3

Breaking the Presumption That Applicants of Statelessness Determination Procedures Are Foreign

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