to be the competent authority for the determination of nationality or statelessness of a rejected asylumseeker.122 As there is no statelessness determination procedure in Norway, to which rejected, “unreturnable”
asylum-seekers registered as stateless could have access, the nationality/statelessness assessment made
during the asylum application process by UDI (and UNE in the event of appeal) governs.
Among the many categories of persons NR registers in the CPR are recognized refugees who are also
stateless, as well as other stateless persons granted a residence permit in Norway.123 According to Article 6
of the Act on the Central Population Register (CPR), a person has the duty to inform NR of one’s nationality
(statsborgerforhold).124 The Act provides the basis for NR’s role as registrar of persons living in Norway, but it
does not provide that NR shall be the competent authority for determination of statelessness.
The definition of a stateless person in use by NR is set out in the Handbook on Population Registration
(Håndbok i folkeregistering), in which it is stated that a stateless person is “a person who is not a national of
any country.”125 Further, the Handbook on Population Registration states that the main principle is that NR
will register nationality in accordance with the registration in the DUF and, hence, in accordance with the
registration carried out by UDI. The Handbook on Population Registration further states that if there is any
doubt as to a person’s nationality, the matter needs to be taken up with UDI.126
3.3.2 Procedural aspects
3.3.2.1 INITIATING THE PROCEDURE
The registration of an asylum-seeker as stateless during the asylum application procedure starts when the
applicant files an application for asylum with the Immigration Department of the NPIS, which informs UDI.
When doing so, the applicant hands in a passport or other travel document, if any,127 to assist in clarifying
his or her identity.128 In the absence of a passport or travel document, the NPIS will register the applicant’s
nationality or statelessness in accordance with the information given by the applicant.129 The application will
then be sent to UDI, which further processes the application. Based on the outcome of these procedures, UDI
will register the nationality or statelessness of the applicant in question in the DUF.
122
Subject to an appeal of UDI’s decision (see Chapter 3.3.2.3)
123
In accordance with its role stipulated in Article 1 of the Act on the Central Population Register.
124
Article 6 is applicable if there is a national or local survey implemented by the ministry as mentioned in Article 5, or on request
from the tax office, cf. Article 11.
125
Skattedirektoratet – Rettsavdelingen, Håndbok i folkeregistrering (2011), p. 193, para. 18.4. In Norwegian the wording is the following:
“At en person er statsløs, vil si at han ikke har statsborgerskap i noe land.” Please note that the Håndbok has been updated and is
available at http://goo.gl/svNZoY
126
Ibid, para. 18.10.3. See also Håndbok, Chapter 17.10.3. It bears noting here that occasionally, stateless persons from Latvia who come
to Norway state that their nationality is that of Latvia when registering with NPIS and are consequently registered as Latvian
nationals. However, as explained in an email of 23 August 2012 from Kåre Vassenden, because their passports are “passport for
foreigners,” the registration as Latvian nationals is usually changed by NR to stateless.
127
Article 93 (1) of the Immigration Act. See also Article 17-21 (1-3) of the Immigration Regulation No 1286 from 2009 (‘Immigration
Regulation’), available at: https://goo.gl/c7t647.
128
In accordance with Article 83 of the Immigration Act and Article 17-7 of the Immigration Regulation.
129
Email from NPIS, dated 16 October 2012. For details on the registration procedure carried out by NPIS in cases of applicants for
residence permit on the grounds of strong humanitarian considerations or a particular connection with Norway, see UDI, Fornyelse
av tillatelser etter utlendingsloven § 38 som er begrenset på grunn av tvil om identitet eller udokumentert identitet, RS 2013-017,
available at: http://www.udiregelverk.no/no/rettskilder/udi-rundskriv/rs-2013-017/.
UNHCR STOCKHOLM, OCTOBER 2015
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