an individual is on a State’s territory, a determination of their nationality status may be the only way to identify a solution to their plight. Where an individual has made an application to be recognized as stateless, or if the authorities are trying to determine whether or not an individual is stateless, States are advised to refrain from removing them from their territory pending the outcome of the determination process. Statelessness determination procedures are to be formalized in law, ensuring fairness and transparency. UNHCR’s Handbook on Protection of Stateless Persons provides a comprehensive list of due process rights to be respected, including: • access to an interview; • interpretation assistance; • access to legal aid; • deadlines within which statelessness determinations must be made from the time an application is filed; • a right to receive written reasons for a decision; and • a right to appeal a first‑instance rejection of an application. Can a State detain a stateless person who does not have a legal stay? Although the 1954 Convention does not explicitly require States to grant a person determined to be stateless a right of residence, granting such permission would fulfil the object and purpose of the treaty. Stateless persons who do not have the right to legally remain in a country should not normally be detained. Individuals who are stateless often lack identity documents, such as national identity cards or passports. Even if the country of former residence has been identified, often that country will not immediately accept the readmission of the individual. In these situations, detention should be avoided and only be resorted to if clearly based on national legislation that conforms to international human rights law. Alternatives to detention should be explored first, unless there is evidence to suggest that the alternatives will not be effective for the individual concerned. Stateless persons without a legal stay should be detained only after considering all possible alternatives. In making the exceptional decision to detain, authorities should determine whether detention is reasonable and proportional to the objectives to be achieved. If judged necessary, detention should only be imposed in a non‑discriminatory manner, be regulated by domestic law, preferably with maximum limits set on such detention and subject to periodic and judicial review. 23

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