based a broad application of the exclusion in Article 1(2)(i) in the 1954 Convention, Swiss practice excludes all persons from the definition of statelessness who, allegedly, would have the possibility of receiving protection or assistance from another UN agency.28 A more precise evaluation of the exact scope of statelessness in Switzerland is therefore hampered, on the one hand, by the lack of a separate, formal statelessness determination procedure and, on the other, by the restrictive recognition practice. 16. If a person is recognised as stateless by Switzerland, that person is granted a residence permit in the Canton in which he or she is lawfully residing.29 Normally, a residence permit is valid for five years and can be renewed.30 Stateless persons with a residence permit have the same rights as refugees granted asylum, including the right to work, to family reunification, to welfare and to be granted travel documents.31 In case a person recognised as stateless has been sentenced to a long-term custodial sentence or seriously or repeatedly violated or threatened public order and security that person will only be granted temporary admission, which leaves the person with a restricted right to work, to welfare and to family reunification.32 So far, persons recognised as stateless who have lawfully resided in Switzerland for at least five years have the right to be granted a permanent residence permit.33 Permanent residence permits give more extensive rights. In September 2015 the Swiss Parliament decided, however, to eliminate a current privilege of stateless persons vis-à-vis refugees regarding access to a permanent residence permit.34 Just as refugees, stateless persons shall only be able to apply for a permanent residence permit after ten years of legal residence and without having a legal entitlement to such permit. The new rule will enter into force with the revision of the Federal Act on Foreign Nationals, presumably in 2019.35 17. As this submission further elaborates, the status granted to persons recognised as stateless in Switzerland leaves them vulnerable to discrimination, and exposes them to serious human rights challenges. The Lack of a Formal Statelessness Determination Procedure 18. Switzerland does not have a specific procedure and no specific legal framework for the determination of statelessness. The identification of stateless persons is presently governed by the general legislative framework for administrative acts, namely the Federal Act on Administrative Procedure, and the relevant practice of the SEM and the Federal courts.36 The asylum department within the SEM is responsible for the determination of statelessness, meaning that the procedure is centralised at federal level.37 The authorities have the possibility to initiate the procedure ex officio which is rarely done in practice.38 Normally, the procedure is initiated if a person lodges a written and reasoned application for recognition of statelessness, including evidence. In principle, there is no reduced standard of proof in the general 28 Federal Administrative Court, judgment of 7 July 2011, case C-6841/2008. Based on this interpretation Switzerland argues that Palestinians do not fall under the scope of the Convention and are thus not to be recognized as stateless persons. 29 Article 31(1) Federal Act on Foreign Nationals of 16 December 2005 (FNA; SR 142.20). 30 Article 33 FNA. 31 Article 38(2), 44 and 59 FNA. 32 Article 31(2) in conjunction with Article 83 FNA. 33 Article 31(3) FNA. See also the judgment of the Federal Court of 5 September 2016 in case 2C_21/2016. 34 See parliamentary interpellation Gerhard Pfister, La législation relative au séjour privilégie-t-elle les apatrides? (15.3249), available at https://www.parlament.ch/fr/ratsbetrieb/suche-curia-vista/geschaeft?AffairId=20153249. 35 AS 2016 3101, 3127. 36 Federal Act on Administrative Procedure of 20 December 1968 (APA; SR 172.021). 37 Article 14 Organization Ordinance of the Federal Department of Justice and Police of 17 November 1999 (SR 172.213.1). 38 Article 25(1) APA. 6