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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