Although there is no statelessness determination procedure in Norway, a person’s nationality is assessed as part of establishing his or her identity, in the course of registration under certain immigration procedures, including application for a visa, asylum, other immigration procedure, or acquisition of a residence permit. As explained above in Chapter 2.2, such registration can be done by UDI, NR, and/or NPIS. If, in the course of such registrations, it is concluded that a person does not hold any citizenship, he or she will be registered as stateless. Relevant sub-chapters within Chapter 3.3 will discuss in more detail the criteria and procedural standards for making an assessment that a person is stateless for the purpose of such registration. An immigrant’s identity and nationality are assessed in accordance with the UDI circular RS 2012-009. The circular describes how to assess and determine the applicant’s identity. The interpretation of the identity requirement in the Norwegian Nationality Act is explained in the regulations,118 Chapter 1, and the circular Q-40/2013.119 As there is no statelessness determination procedure in Norway leading to the grant of the status of stateless, there are no express provisions in national legislation governing the rights to which stateless persons are entitled under the 1954 Convention. 3.3 Statelessness determination procedure or other procedures in which statelessness is determined As explained above, there is no formal statelessness determination procedure in Norway. Rather, the assessment of nationality or statelessness is mostly seen in relation to immigration procedures. Registration of statelessness appears to be a part of the overall evaluation that takes place when a person applies for visa, residence permit, or asylum in Norway. The “determination” is thus in reality the evaluation that takes place when the applicant has to establish his or her identity and nationality as part of his or her application for a residence permit or international protection in Norway, rather than a determination that leads to the grant of the status of stateless and its attendant protections. In this context, it should also be noted that no determination of the status of statelessness takes place with respect to persons who are, for example, rejected asylum-seekers but who later are found to be “unreturnable,” possibly as a result of their statelessness. 3.3.1 Competent authority The asylum procedure is set forth in the Immigration Act.120 The supervising authority is the Minister of Justice. Upon arrival of an asylum-seeker, the Immigrant Department of NPIS registers the person’s nationality, or statelessness in the case of persons who cannot present a passport or otherwise provide sufficient proof of their identity. The appropriate unit within UDI will then further process the application.121 Special attention is warranted with regard to failed asylum-seekers, some of whom might be stateless. If an asylum application is rejected, the registration of the applicant’s nationality or statelessness that has been made in the DUF by UDI is the only statelessness-related procedure that takes place. UDI can thus be said 30 118 https://goo.gl/HSWOLC 119 https://lovdata.no/dokument/SF/forskrift/2006-06-30-756 https://goo.gl/g5tdDh (NB! Outdated) 120 See Chapter 4 of the Immigration Act. 121 The Norwegian ID Centre (NID) also has some involvement in this procedure. NID is an independent administrative body under the NPIS Directorate, whose purpose is to strengthen the immigration authorities’ and the police’s capabilities regarding the establishment of the identity of foreign nationals applying for entry to or residence in Norway. For information about NID, see its official website at: https://www.nidsenter.no/en/About-NID/ M A P P I N G STAT E L E S S N E S S I N N O RWAY

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