Addressing statelessness in Europe’s refugee response
person’s identity and/or nationality can impact negatively on the assessment of credibility. Where
statelessness is identified, a claim that is based significantly on an individual’s statelessness may not
be perceived by States as grounds to grant asylum or may delay the determination procedure as
decision makers lack the relevant necessary expertise.
Detention
Statelessness being missed or inadequately addressed in international protection
procedures may increase the risk of prolonged or arbitrary detention.
The nature of statelessness can mean that a stateless person has no country to which they can return.
If a person’s statelessness has not been identified, they can end up subjected to repeated and
prolonged detention and removal proceedings. This practice appears to be widespread and was
reported in several countries. The assumption on the part of the authorities that someone can be
removed even where their nationality is unknown or imputed, has a significant impact on the
potential for prolonged and/or unlawful or arbitrary detention. Additionally, even where
statelessness is recorded, the lack of understanding about the implications of this among officials
may mean that individuals remain at risk, as States may continue to subject them to futile removal
attempts regardless. In some cases, children can also be subjected to prolonged immigration
detention.
The child’s right to nationality
Nationality problems being missed or inadequately addressed heightens the risk of children
being born stateless in Europe.
Many European countries do not have full safeguards in their nationality law to prevent childhood
statelessness. viii The risk to children of refugees born in exile is particularly acute as they may be
unable to prove where they were born or who their parents are, essential for establishing nationality.
The failure to identify and register nationality problems leads to States being unaware or not
accepting that a child born on their territory may be stateless. Children may be incorrectly assigned
a parent’s nationality at birth without verifying whether parents can confer their nationality, or
whether the child has a right to the nationality of the country of birth if they would otherwise be
stateless. Several countries reported issues relating to the child’s right to nationality, including lack
of awareness among officials of conflicting nationality laws, or gender discrimination preventing
conferral of nationality, lack of legal safeguards to grant nationality to otherwise stateless children
born on the territory, and inconsistent implementation of these safeguards.
Routes to naturalisation
Stateless people cannot meet the requirements for naturalisation or there is no facilitated
route to naturalisation for stateless people.
Challenges in accessing naturalisation procedures were reported in several countries. Certain
documents may be required to be eligible for naturalisation and there may be no flexibility on the
part of officials for individuals who cannot provide these. For example, a birth certificate, passport
or proof of renunciation of a former nationality may be required for naturalisation. Even if
statelessness is identified, unachievable conditions are at times enforced. Additionally, general
eligibility criteria such as documentation required or cost for the procedure may be very difficult for
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