use the same definition and criteria and apply these in a streamlined and consistent manner, resulting in a correct registration of persons who are stateless persons. Nonetheless, while there is competence within the Danish institutions to assess a person’s statelessness for the purposes of registration, for example in the context of establishing an asylum-seeker’s identity, there exists no statelessness determination procedure per se as a result of which a stateless person will be granted a status as stateless and corresponding rights. Hence, it is recommended that legislation be adopted to establish such a procedure that can lead to the granting of a status as stateless, in line with the UNHCR Handbook on Protection of Stateless Persons. Such a procedure could be established within the Danish Immigration Service and build on the Immigration Service’s existing expertise and institutional capacity. The UNHCR Handbook on Protection of Stateless Persons provides guidance to states as to the form and procedural safeguards of statelessness determination procedures. In this context, it is recommended that “unreturnable” persons have access to the statelessness determination procedure where there are indications the individual may be stateless. Moreover, it is recommended to incorporate the 1954 Convention definition of a stateless person into Danish law to further strengthen a consistent application of the definition by all relevant authorities and judicial bodies involved in the registration and determination of statelessness. It is also recommended to introduce a residence permit for persons recognized as stateless pursuant to the 1954 Convention, and provide for their entitlement to the rights set out in that Convention, including identity papers and travel documents, as elaborated in the UNHCR Handbook on Protection of Stateless Persons. Furthermore, a person who has submitted an application for recognition as a stateless person ought to receive the same standards of treatment as asylum-seekers whose claims are under consideration, in line with the UNHCR Handbook on Protection of Stateless Persons. This should include protection against expulsion and a right to await the outcome of the procedure on the territory. In this context, it is recommended that the Aliens Act be amended in such a way that a person’s statelessness may give rise to an exemption from the requirement that a person must wait 18 months before he or she is deemed unable to return to another country prior to qualifying for a right of residence under Section 9(c)(2) of the Aliens Act. Finally, Denmark is encouraged to withdraw its reservations to the 1954 Convention. UNHCR Representation for the Nordic and Baltic Countries 57

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