“Under the International Protection Act 2015, each application is assessed individually on its merits. Generally,
all applicants for international protection are carefully interviewed and their cases are individually assessed
by experienced caseworkers. The circumstances of each individual case is assessed having regard to both
the subjective elements (the applicant’s own account or personal history) and objective elements (up-to-date
information on the applicant’s country or place of origin).
Where it appears that an applicant may be stateless, the international protection officer makes a finding
(solely for the purposes of the international protection determination process) as to whether the applicant
is stateless. This finding is made having regard to all relevant evidence and to country of origin information
as appropriate. The claims of stateless persons are determined in respect of their country of former habitual
residence (the country with which the applicant has the closest connection).
While an applicant with multiple nationalities must establish a well-founded fear of persecution or a real risk
of serious harm against each of his or her countries of nationality, in the case of a stateless applicant with
multiple countries of former habitual residence, it is sufficient if the applicant can establish such a well-founded
fear or risk with respect to any country of former habitual residence.”71
When an asylum seeker first applies for international protection, their country of origin, or country of former habitual
residence if stateless, should be recorded during the preliminary interview.72 It is important that asylum seekers are
aware of the need to clearly state their statelessness status early on in the process. While the IPO information note
on the protection procedure refers to the applicant being asked short questions during the preliminary interview
on various matters including one’s country of origin or habitual residence, there is no targeted information on
declaring one’s status as stateless.73 Anecdotal information shared with UNHCR indicates that once an asylum
seeker is recorded as being a national of a particular country at the IPO registration stage it can be difficult to
amend that later in the process, particularly in the absence of legal representation. There is a general practice
at the IPO that once identity details, such as nationality, are recorded, the applicant will not be able to make
changes to that information unless there is strong evidence to support such a change.74 Often stateless individuals
lack documentary evidence of their status and so it may be impossible to evidence this required change. Issues
concerning statelessness and an applicant’s country, or countries, of former habitual residence are also explored
at the substantive interview at the IPO and during appeal hearings at the IPAT if central to an asylum claim and/or
when there is an issue regarding the individual’s identity and/or nationality or lack thereof.
As part of the training delivered by UNHCR in collaboration with the IPO for new decisions makers there is a
component focused on ensuring that clear findings are made as to whether the applicant is a national of a particular
country/countries or is stateless. If they are stateless the country of former habitual residence also needs to be
identified for the purposes of the asylum procedure. Challenges arise where the applicant was first identified as
being a national of a particular country, for example at registration, and then subsequently deemed to be stateless
post the substantive interview stage.
3.2.2.4 Review of IPO and IPAT international protection decisions which include statelessness findings
As part of this research UNHCR reviewed 43 IPO decisions from the following three countries: Bhutan, Myanmar
and Nepal. The countries were selected on the basis that stateless communities are present in these countries of
habitual residence. Although all of the decisions issued referenced a specific country of origin and nationality at
71
Parliamentary question response by Minister for Justice, Helen McEntee to question 446, 7 December 2021, available at:
https://bit.ly/3uFdp5t
72
Section 13 International Protection Act 2015.
73
International ProtectIon Office, Information Booklet for Applicants for International Protection, available here:
http://www.ipo.gov.ie/en/ipo/pages/publications
74
Correspondence with an Assistant Principal, IPO, Department of Justice 2019.
UNHCR
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