nationality. They should thus not bear sole responsibility for establishing
relevant facts. Sharing the burden of proof will also recognize the role of
the State to obtain more reliable information from the relevant authorities
of other States’ embassies.
d) The statelessness determination procedure should be non-adversarial
and ensure due process guarantees, including access to free legal advice
and the right to an effective remedy where an application is rejected.
Any administrative fees levied on statelessness applications should
be reasonable and not act as a deterrent to stateless persons seeking
protection.
e) Where, despite the cooperation of the individual, it is not possible to
establish within a reasonable time frame (to be determined at national
level by relevant authorities) that someone registered as of unknown
nationality does possess a nationality, a determination of statelessness
would be appropriate.
f) It is recommended that specialized training on nationality law and
practice, international standards and statelessness be provided to officials
responsible for making statelessness determinations. More generally,
awareness raising initiatives regarding the existence of the statelessness
determination procedure should be undertaken.
4
5
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The research has identified around 500 people who are registered as stateless in
the municipal basic administration (GBA) who are likely to be genuinely stateless,
as opposed to another approximately 1,500 people who are registered as
stateless, who are of Indonesian descent with quasi-Dutch citizenship or who are
of Portuguese parents who have a right to Portuguese citizenship. The majority of
these 500 people are children and most have been born in the Netherlands, but do
not hold a residence permit. UNHCR therefore recommends that the assessment
of this group be prioritized to determine their statelessness or nationality. Where
necessary, Dutch citizenship and a residence permit should be granted. This
would be important to ensure that the Netherlands upholds its obligations under
Article 1 of the 1961 Convention and Article 7 of the Convention on the Rights of
the Child.
Where an applicant expresses protection concerns vis-à-vis his or her country
of origin, a full assessment of refugee status or subsidiary protection needs
to be done. Contact with the country of origin for the purposes of assessing
statelessness should only be made if the individual is found not to be in need of
international protection. For those no longer in the asylum procedure, the fact that
they have applied for asylum should not be revealed to the country of origin.
Mapping statelessness