3.3.2.2 QUESTIONS OF PROOF Although the Convention does not articulate a standard of proof, states are encouraged to make a finding of statelessness where it is established to a “reasonable degree” that an individual is not considered as a national by any State under the operation of its law.130 Given the nature of statelessness, applicants for statelessness status are often unable to substantiate the claim with much, if any, documentary evidence. Moreover, statelessness, by its very nature, cannot normally be proved. Rather, it is an individual’s nationality that can be proved. Statelessness determination authorities need to take this into account, where appropriate giving sympathetic consideration to testimonial explanations regarding the absence of certain kinds of evidence.131 Norwegian law operates with different identity requirements depending on the nature of the type of residence permit sought. Under some provisions, it must be probable that the identity is correct, whereas under other provisions, a person’s identity must be documented. If none of these requirements are met, the individual may be granted a limited residence permit. It may be determined that the permit shall not form the basis for a permanent residence permit. When assessing an applicant’s identity and nationality or statelessness, UDI applies the preponderance of evidence (more likely than not) standard of proof.132 The initial registration will, however, often be based on information provided by the applicant,133 verified by the passport or other official documents issued by the authorities of the country of origin, if any. As noted above, NR will follow UDI’s registration entries. Under Norwegian law, as a general rule, foreigners must document their identity in immigration procedures.134 Persons applying for international protection are required to submit travel documents and have a duty to cooperate to establish their identity. Although the governing standard of proof is the preponderance of evidence, it is unclear precisely how that standard is applied in practice. For example, it is unclear what evidentiary weight is given to expired documents or statements of consular authorities. If an applicant cannot prove that he or she is stateless with documentation, the person will be registered in accordance with the nationality the person had before coming to Norway. It is further stated that for refugees, this would normally be the country from which the refugee fled.135 The practice of registering a person as a national of the country of former habitual residence if he or she cannot prove his or her statelessness poses problems under the 1954 Convention, as stateless persons often lack documents and cannot prove their statelessness. Norway is therefore urged to adopt the standard of proof of a “reasonable degree” when making determinations as to a person’s statelessness. 32 130 UNHCR Handbook on Protection of Stateless Persons, para 91. 131 Ibid, at para 90. For a detailed discussion, see ibid, paras 89-107 (discussing, iter alia, evidentiary issues such as the proper consideration of passports, enquiries with and responses from foreign authorities, the importance of conducting interviews with the individual whose nationality or statelessness is at issue, and credibility issues). 132 See generally UDI circular RS 2012-009, available from: https://www.udiregelverk.no/no/rettskilder/udi-rundskriv/rs-2012-009/. 133 See UDI circular RS 2012-009, available from: https://www.udiregelverk.no/no/rettskilder/udi-rundskriv/rs-2012-009/, para. 4. 134 Immigration Regulation § 10-2 (2). 135 Skattedirektoratet – Rettsavdelingen, Håndbok i folkeregistrering (2014), p. 193, para. 17.10.5. In Norwegian the wording is the following: Dersom en person hevder å være statsløs, må vedkommende dokumentere at han eller hun har mistet borgerretten sin. Kan han/hun ikke det, må skattekontoret registrere ham/henne med den borgerretten han/hun hadde før han eller hun kom til Norge. For flyktninger vil det normalt være det landet de har flyktet fra. M A P P I N G STAT E L E S S N E S S I N N O RWAY