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: • • • 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. 5