of their status as stateless. Many will have no option but to seek legal assistance and representation in order to resolve their situation, which still does not guarantee that a resolution can be found in each individual situation. While the length of time for resolving such situations is case specific, some people, in the absence of an official recognition of their statelessness status spend months, sometimes even years, seeking a resolution. 3.2.1.2. UNHCR’s guidance on the purpose of a formal statelessness determination procedure The establishment of a formal determination procedure would provide clarity for stateless persons and ensure that they can access their rights under the 1954 Convention. Establishing a statelessness determination procedure is the most efficient means for state parties to the 1954 Convention to identify beneficiaries of that Convention.52 It is also in states’ interests to establish statelessness determination procedures. For example, in countries where statelessness arises among mixed migratory movements, statelessness determination procedures help governments assess the size and profile of stateless populations in their territory and thus determine the government services required.53 At set out in the UNHCR Statelessness Handbook:  “Establishing whether a person is stateless can be complex and challenging but it is in the interests of both States and stateless persons that determination procedures be as simple, fair and efficient as possible. To this end, some States might consider adapting existing administrative procedures to include statelessness determination. Factors to consider include administrative capacity, existing expertise on statelessness matters, as well as expected size and profile of the stateless population. In any combined procedure it is essential that the definition of a stateless person is clearly understood and properly applied and that procedural safeguards and evidentiary standards are respected.”54 Although the 1954 Convention does not spell out specific determination processes, procedural safeguards must assure fair and efficient determination procedures. First, the procedure must be accessible to stateless persons, including non-returnable persons in detention. This includes a state’s obligation to disseminate information and to ensure that stateless persons become aware of determination mechanisms and feel comfortable accessing them. Determination mechanisms should be available to all persons within the territory, and there should be no requirement that a person be lawfully resident within the territory, as stateless persons normally have great difficulty in securing the documentation that is necessary to reside in a state lawfully. There is also no basis in the convention to set time limits for individuals to claim statelessness status. Further, pending the outcome of the determination procedure, individuals awaiting a statelessness determination should not be expelled from the state where the procedure is ongoing. In terms of procedural guarantees the UNHCR Statelessness Handbook instructs that statelessness determination procedures should be formalized in law with due process guarantees integrated into administrative law practices.55 Establishing procedures through legislation ensures fairness, transparency and clarity. Research suggests that states that have established a statelessness determination procedure have not seen a significant increase in the number of people claiming stateless status.56 18 52 UNHCR, Good Practices Paper – Action 6: Establishing Statelessness Determination Procedures to Protect Stateless Persons, July 2020, available at: https://www.refworld.org/docid/5f203d0e4.html 53 UNHCR Statelessness Handbook, para. 10. 54 UNHCR Statelessness Handbook, para. 64. 55 For further information on the list of procedural safeguards to be incorporated see para 71 UNHCR Statelessness Handbook. 56 UNHCR Good Practices Paper No. 6 pp. 9 “It is unlikely that the establishment of SDPs will create a “pull factor.” Countries that have established an SDP have not seen large numbers of people applying for statelessness status. France, the State with the longest tradition of recognizing and protecting stateless persons, received an average of 224 applications for statelessness status between 2010 and 2016. In 2018, France received 420 applications for statelessness status and made 71 findings of statelessness status and 122 findings of statelessness refugee status. Although the number of applications increased, OFPRA, the determining authority, states that the admission rate is stable. Hungary received 284 applications in total between the establishment of the procedure in 2007 and 30 July 2019.” See also UNHCR Statelessness Determination Procedures, Identifying and Protecting Stateless Persons, August 2014, available at: https://www.refworld.org/docid/5412a7be4.html Mapping Statelessness in Ireland