not be required.15 This provision can lead to statelessness as it is not certain that Mongolian citizenship will be granted, despite the individual having renounced their citizenship to their former state. 20. A child that is born to two Mongolian parents will be a Mongolian citizen regardless of whether they were born in Mongolia or abroad. If a child is born in Mongolia to one citizen or if the child is a foundling or the child’s parents are unidentifiable, the child will be regarded as a Mongolian citizen.16 A child born to stateless parents within Mongolia may obtain Mongolian citizenship after reaching the age of 16.17 However, this is not an automatic procedure, and requires the child to apply.18 21. This provision is in violation of Articles 7, 2 and 3 of the CRC, as it in effect, leaves children stateless until they are 16 years old. Further, even at this stage, there is no guarantee of receiving citizenship. As a child whose parents are unidentifiable will receive nationality immediately, this law places stateless parents with the impossible dilemma of maintaining familial relationships even if this will result in the child being denied their right to a nationality and access to other rights, or disowning their children, in order for them to be recognised as citizens and to have better access to other human rights. 22. Naturalisation criteria for adults are set out under article 9 of the LMC. Accordingly: I. the person must have suitable living capability and resources; II. the person must know Mongolian customs and the official language; III. the person must have had lived in Mongolia for 5 years before the application; IV. the person must meet the criteria specified by the State Administrative Central body; V. the person must not have committed a crime; and, VI. the relationship with other foreign powers must not interfere with the reputation and interests of Mongolia.19 23. The Law of Mongolia on the Legal Status of Foreign Nationals (LLSFN) purports to regulate the entry, exist, transit and residence of foreign visitors and stateless persons in Mongolia and define their rights and responsibilities.20 This law provides foreigners with the right to seek political asylum in Mongolia.21 15 Law of Mongolia on Citizenship (as amended on 7 December 2000), 5 June 1995 Article 4. Section 7 (4), the Mongolian Law on Nationality, 1995, stipulates “A child who is within the territory of Mongolia whose parents are not identified shall be Mongolian citizen". 17 Law of Mongolia on Citizenship (as amended on 7 December 2000), 5 June 1995 Article 7. 18 Law of Mongolia on Citizenship (as amended on 7 December 2000), 5 June 1995 Article 7(5). 19 Law of Mongolia on Citizenship (as amended on 7 December 2000), 5 June 1995 Article 9. 20 Law of Mongolia on the Legal Status of Foreign Nationals (Revised edition), came into force on 1 September 2010, https://consul.mn/file/LAW%20OF%20MONGOLIA%20ON%20THE%20LEGAL%20STATUS%20OF%20FOREIGN%20NATIONA LS.pdf. 21 Ibid, article 7.3.3. 16 5