Breaking the Presumption
followed if the applicant is rejected based on the applicant not being stateless and,
therefore, has the right to apply for Moldovan citizenship at the corresponding
national civil registry system.
Moldova reported to UNHCR that, between 2011 and December 2019, 355 out
of 1,144 applicants (31%) were recognised as stateless. UNHCR reported the
following:
[i]t is noteworthy that among the 279 (24%) individuals whose applications were
rejected, some were rejected on the basis that they were eligible to apply for
Moldovan citizenship and were therefore subsequently directed to the appropriate
government institution. Many of these applicants were ultimately granted
Moldovan nationality. 86
In practice, the authority informs the applicant what process should be followed
if the application is rejected. Generally, the process will be to apply for citizenship
with the corresponding institution. 87 It is unclear in the referred report how many
of the 24% of rejected applications were eligible to apply for Moldovan
nationality, however, this information indicates that Moldova has statistical data
specifically concerning these cases. This reporting contributes to the visibility of
in situ statelessness in SDP official statistics, and also constitutes an example of
good practice for further public policies and decisions to be developed.
Georgia: Ordinance No 523 ‘Approval of the Procedures for Determining
the Status of a Stateless Person in Georgia’ (‘Ordinance No 523’) 88
Article 6 of Ordinance No 523 contains the procedure for reviewing applications.
Article 6(1) states:
if the applicant does not have identification or travel documents, the Agency shall
determine the identity of the applicant. To determine valid details about the
applicant, the Agency shall request and obtain from Georgian and/or foreign
authorized bodies, civil registration records and/or records or information
concerning the issuance of the applicant’s identification documents. If the Agency
fails to obtain such data/record/information, the person’s identity may be verified
by written information provided by the corresponding authority of the State or local
self-government body, medical or educational institution, or from an international
or non-governmental organization, as well as by notarised written information
submitted by two persons of full age and capacity.
Article 10 contains the grounds for refusing statelessness status determination.
According to art 10(a) ‘statelessness status recognition may be refused if it has
been established that the applicant has Georgian or foreign citizenship’. 89
86
87
88
89
From this information it can be concluded that 510 (46%) of the cases were rejected. See the
report provided by Moldova in Good Practice Paper 2020 (n 3) 37.
ibid.
Georgian Ordinance No 523 (n 68), which replaced Georgian President’s Decree No 515
‘Approving the Rules for Stateless Status Determination’ (2012) (Georgia).
The same disposition is contained in Georgian Ordinance No 523 (n 68) art 23:
Article 23 — Grounds for refusing to determine the status of stateless persons and for
termination of statelessness status:
1.
An applicant may be denied the determination of the status of stateless person in Georgia
if:
(a) it is determined that he/she is a citizen of Georgia or of a foreign state.
81