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no discrimination of any kind takes place;
timely processing of applications is ensured;
identification of those who might be at risk from harm takes place.47
39. Information on statelessness and access to a nationality is available
in almost all states on the website of the competent ministry or authority.
However, a challenge may be for the persons concerned to know which ministry or authority is competent and how to access the website where relevant
information can be found. The language in which the information is available
may also be an issue for accessibility.
40. Other challenges for the determination of statelessness status can be
mentioned:
► Getting complete answers on facts and law from foreign authorities (e.g.
the state of origin of a child or their parent), resulting in a lack of proof;
► Restrictions on the exchange of information imposed by the General
Data Protection Regulation (Regulation (EU) 2016/679) (GDPR) for EU
countries;
► Cases concerning children born abroad and not in the country of origin
of a parent;
► Situations where a child of a foreign national stays stateless due to the
inaction or ignorance of the parent;
► Lack of essential elements of the identity of a person, like the country
of birth or the parentage;
► Questions of the burden of proof;
► Need to assist in the determination of statelessness by making enquiries
with relevant (foreign) authorities, which children will not be able to
undertake themselves.
41. On the issue of the burden of proof, interesting information is given
by one state48 where, while the burden of proof is shared. In most cases, the
burden of proof lies primarily on the state authorities because they are competent to request information from the relevant national authorities as well as
from those of other countries. Any doubts regarding citizenship are resolved
in favour of the applicant. A similar approach also exists in another state.49 If it
is uncertain whether a child acquired a foreign nationality, the central registry
office may conduct direct contacts with the relevant embassies/consulates so
47. United Kingdom.
48. Georgia.
49. Portugal.
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