With regard to representation, minors are in principle represented by their legal
representatives or by an ad hoc administrator or, if there is no one with parental
authority, by a guardian appointed by the competent judge.
The United Kingdom also has a statelessness determination procedure.
Applications in respect of children must be assessed within the duty of section 55 of the Borders, Citizenship and Immigration Act 2009 which requires the
Home Office to carry out its existing functions in a way that takes into account
the need to safeguard and promote the welfare of children in the UK.
The Statutory Guidance which accompanies the legislation confirms that the
statutory duty to children includes:
► fair treatment which meets the same standard a British child would receive;
► the child’s best interests being a primary (although not the only)
consideration;
► no discrimination of any kind;
► timely processing of applications;
► identification of those who might be at risk from harm.
ii. Accessible information on statelessness and its connections with
access to nationality for stateless children and those assisting them
20. In almost all states, information on statelessness and access to nationality is
available on the website of the competent ministry or other authority. However,
it may be a challenge for the persons concerned to know which ministry or other
authority is competent and how to access the website containing the relevant
information. The language of the information may also hamper accessibility.
Identified promising practice
In Latvia, parents are provided with information about their child’s nationality
rights and relevant procedures, including where the child would otherwise be
stateless or has undetermined nationality. The relevant information can also
be found on the Office of Citizenship and Migration Affairs website in English
and Latvian.
iii. Strengths identified in the implementation of the nationality
determination procedure in the specific case of children
21. States should introduce dedicated child rights-based nationality and
statelessness determination procedures, to allow them to identify and protect
stateless children on their territory until they access to a nationality. Where
Child-friendly nationality and statelessness determination procedures ► Page 13
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