UNHCR’s Handbook on Protection of Stateless Persons provides guidance to governments, UNHCR staff and other actors regarding the modalities of establishing statelessness determination procedures, including on questions of evidence which arise in such procedures. What kind of evidence is required? Given the nature of statelessness, individuals are often unable to substantiate a claim for statelessness status with significant, if any, documentary evidence. Many individuals are unaware of the need, or are unable to conduct the necessary analysis of the nationality laws of countries through which they have links through birth, descent, marriage or habitual residence. In addition, contact with foreign authorities to request specific information about an individual’s case or general guidance on a country’s nationality laws, including both clarification as to the letter of the law and implementation, can be fundamental in reaching a conclusion on whether an individual is stateless. In many cases, States will only respond to such enquiries when they are initiated by government officials of another State. Statelessness determination procedures must therefore take into consideration the difficulties inherent in proving statelessness. Statelessness determination procedures require both the applicant and the examiner to cooperate to obtain evidence and establish the facts – this is referred to as a shared burden of proof. Because of the difficulties inherent in proving statelessness, the threshold of evidence required before statelessness is determined should not be too high. States are therefore advised to adopt the same standard of proof as that required in refugee status determination, namely, that a finding of statelessness is warranted where it is established to “a reasonable degree” that an individual is not considered as a national by any State under the operation of its law. UNHCR’s Handbook on Protection of Stateless Persons provides further guidance on how the burden and standard of proof are to be applied in statelessness determination procedures. Who should decide if an individual is stateless? Qualified personnel who are specialized in the field of statelessness and who can impartially and objectively examine the application and evidence supporting it should be designated to make determinations of statelessness. A central authority responsible for such determinations would reduce the risk of inconsistent decisions, would be more effective in obtaining and disseminating information on countries of origin, and would, by its focused work, be better able to develop its expertise in matters related to statelessness. The determination of statelessness status requires the collection and analysis of laws, regulations and the practices of other States. Even without a central authority, decision-makers benefit from collaborating with colleagues knowledgeable about nationality legislation and the issue of statelessness both within the government and in other States. How do individuals gain access to the procedure? The 1954 Convention does not oblige States to grant a legal stay to an individual while their request for recognition as a stateless person is being assessed. Practically, once 22

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