Other States that have no specific legislation establishing a procedure to recognize
statelessness have instituted an administrative or judicial authority that is tasked with
determining whether an individual is stateless.
Many States, however, have no specific procedure in place. In many of these cases, the
question of statelessness often arises during refugee status determination procedures.
Stateless persons may then be “processed” within that framework, which includes
humanitarian or subsidiary protection. Stateless persons may, in fact, be obliged
to channel their application through the asylum regime simply because there is no
other procedure available to them. Confidentiality requirements for applications by
asylum‑seekers must be respected regardless of the form or location of the statelessness
determination procedure.
Some countries do not have specific recognition procedures for stateless persons, but the
issue may arise when an individual applies for a residency permit or a travel document, or
if an application for asylum is rejected and a claim is made to remain in an asylum country
on other grounds.
In France, the procedure for recognizing stateless status is conducted within the
French Office for the Protection of Refugees and Stateless Persons (OFPRA), which
is mandated to provide judicial and administrative protection to stateless persons.
Applicants must apply directly to OFPRA.
In the Philippines, statelessness determination is undertaken by the centralized
Refugees and Stateless Persons Protection Unit (RSPPU), which is administered
by the Philippines Department of Justice. Applications for statelessness status can
be submitted to the RSPPU or in the central or any field office of the Bureau of
Immigration.
In the Republic of Moldova, the Bureau for Migration and Asylum of the Ministry of
Internal Affairs conducts a centralized administrative statelessness determination
procedure. Applications can be submitted orally or in writing and can be initiated by
the individual concerned or ex officio by a specialised administrative unit within the
Moldovan Bureau for Migration and Asylum.
In Spain, the Aliens Law provides that the Ministry of Interior will recognize the
status of statelessness in a procedure regulated by Royal Decree. Applicants may
approach police stations or the Office for Asylum and Refugees (OAR). Upon
completion of the investigative phase, the OAR conducts the procedure then
forwards its reasoned assessment to the Ministry of Interior.
Although Mexico has not established a formal statelessness determination
procedure, its 2010 Manual of Migratory Criteria and Procedures provides that
stateless persons can receive international protection through the Mexican system of
complementary protection. While the manual provides a definition of who qualifies as
a stateless person, it does not establish any procedure for undertaking determination
in individual cases.
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