2. Accessing relevant (protection) procedures
Statelessness can be critical at different stages of the asylum process, affecting the assessment
of a claim for international protection as well as channelling to different procedures, access to
family reunification, settlement, and inclusion measures (as well as the possibility of return).
The EU Asylum Procedure Regulation now mandates the clear registration of claims of
statelessness during asylum procedures ‘pending determination’ (Article 27(2)). If a stateless
child applies for asylum, it is important to determine both their claim for international
protection and any claim of statelessness. Each application should be assessed, and both types
of status should be explicitly recognised so that even if international protection ceases, they
remain entitled to protection as a stateless person. In any procedure, ensuring that potential
statelessness is identified and followed up is a core part of promoting the child’s best interests.
What CAN GUARDIANS DO?
Guardians can play an important role in ensuring that children access appropriate procedures
to determine whether they are stateless or confirm their nationality, including by:
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Ensuring identification of indicators of statelessness leads to a referral to a procedure
to determine whether the child is stateless (or is considered by any State as a national
and documented as such)
Helping safeguard children’s rights in statelessness determination procedures (which
are rarely adapted to children and child-rights based)
Supporting children to understand and engage with relevant procedures, including by
helping them to communicate any issues relating to their nationality or birth registration,
gather evidence, and access appropriate specialist legal advice (particularly if they are
subject to accelerated border procedures, or detention)
3. Return & Readmission procedures
Stateless children and children with undetermined nationality face specific risks in return and
readmission procedures. When authorities assume that return is possible, children may be
placed in procedures that cannot realistically be carried out because no country will document
or accept them for return. This creates uncertainty, delays, and decisions unlikely to be in their
best interests. In some cases, statelessness may only be identified after repeated failed
attempts to return a child to their presumed country of nationality. Where people subject to
return are detained, children who cannot be returned may become stuck in cycles of
prolonged and unlawful, arbitrary detention.
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