13 14 15 In light of the impact on persons unable to meet the criteria under the no-fault procedure, the Dutch authorities may wish to consider partially redistributing the burden of proof to reflect the considerable difference in resources and influence between State and individual, so that a decision can be reached within a reasonable time frame. Restraint should be exercised in issuing declarations of undesirability on account of illegal presence to unreturnable persons. Such a declaration has the effect of criminalizing and penalizing their presence on Dutch territory, when it may be legally and practically impossible to return them through no fault of their own. This can result in a damaging cycle of arrest, detention, release, rearrest and renewed detention. It makes a solution to the situation of this category of people even less attainable. One way to facilitate the return to countries of origin of stateless persons and/or persons of unknown nationality who have expressed a wish to return, would be for the Dutch authorities to increase cooperation with countries of origin. If there are indications that the embassy concerned would be more likely to respond to a government request, then it could be useful to make an official request regarding the individual’s nationality and return, rather than expecting this to be done by the individual. Provision of documentation and issuance of residence permits 16 17 62 UNHCR recommends that during a statelessness determination procedure and/ or during a no-fault residence permit procedure, applicants be issued an identity document, so that they can fulfil the Dutch legal requirement of always being able to identify themselves. A temporary residence permit should be issued for the duration of the relevant procedure. It is recommended that recognition of statelessness should generally result in the issuance of a residence permit. In some cases it may not be appropriate to do so, for example, where a stateless person enjoys the right of residence in another State and is able to return and live there with full respect for their human rights. Such a residence permit could, for example, be on at least a one-year renewable basis. Possession of a residence permit would enable full enjoyment of the rights set out in the 1954 Convention. Mapping statelessness