15. Switzerland has a long practice of applying the definition of Article 1(1) of the 1954 Convention more restrictively than recommended by UNHCR.25 Contrary to the criteria set out in the 1954 Convention, persons were only recognised as stateless if they had lost their nationality through no fault of their own and have no means of reinstating it.26 Recently, there have been slight changes to this practice. A Federal Court decision states that persons registered with UNRWA do not fall under the exclusion clause of Article 1(2) I of the Convention. 27 Another decision clarifies that a person’s status must be evaluated at the moment of the application. 28 The fact that someone is stateless is therefore not a question of the past or future. This follows UNHCR guidance.29 While these changes are positive for persons concerned, it would be crucial to formalise the statelessness determination procedure in law to ensure that the definition of a stateless person applied in Switzerland is formally in line with the 1954 Convention. Moreover, persons applying for statelessness determination must still establish that they lost their nationality through no fault of their own.30 Therefore, Swiss practice is not yet compliant with the 1954 Convention. This is in contradiction to recommendation 146.121 to apply the definition in full accordance with Article 1(1) as accepted by Switzerland in the previous UPR cycle.31 16. If a person is recognised as stateless by Switzerland, they are granted a residence permit in the Canton in which they are lawfully residing.32 Normally, a residence permit is valid for five years and can be renewed.33 Stateless persons with a residence permit have the same rights as refugees granted asylum, including the right to work, to family reunification, to social security, and to be granted travel documents. 34 If 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, they will only be granted temporary admission, which leaves them with a restricted right to work, social security, and family reunification.35 After ten years, stateless persons can apply for a permanent residence permit.36 17. Facilitated access to citizenship is only provided for legally resident stateless children. Contrary to Article 32 of the 1954 Convention, there is no facilitated mode of naturalisation for stateless persons above the age of 18. Adult stateless persons wishing to apply for naturalisation as Swiss citizens have to fulfil the requirements for ordinary naturalisation, including a ten-year residence requirement, possession of a permanent residence permit and restrictive integration requirements including good language skills and socio-economic criteria. Because of the federal threefold structure of Swiss and others, Les sans-papiers en Suisse, Étude de B,S,S Volkswirtschaftliche Beratung, (December 2015), available at: https://www.sem.admin.ch/dam/data/sem/internationales/illegale-migration/sans_papiers/ber-sanspapiers-2015-f.pdf. 25 The Swiss courts even admit that they apply a more restrictive definition, see judgement of the Federal Court in case 2C_415/2020 of 30 April 2021, judgements of the Federal Administrative Court in case F-6008/2019 of 7 October 2021 and in case F-1297/2017 of 14 December 2021; UNHCR, ‘Handbook on protection of stateless persons', (2014), note 12, para. 50 and note 13, para. 51, available at: https://www.refworld.org/docid/53b676aa4.html. 26 See information provided by SEM, available at: https://www.sem.admin.ch/sem/en/home/asyl/staatenlosigkeit.html. 27 Judgement of the Federal Court in case 2C_330/2020 of 6 August 2021. 28 Judgement of the Federal Court in case 2C_415/2020 of 30 April 2021. 29 UNHCR, ‘Handbook on protection of stateless persons', (2014), note 12, para. 50, available at: https://www.refworld.org/docid/53b676aa4.html. 30 Ibid. note 13, para. 51; Judgement of the Federal Court in case 2C_415/2020 of 30 April 2021. 31 UN Human Rights Council, ‘Report of the Working Group on the Universal Periodic Review: Switzerland’, A/HRC/37/12, (29 December 2017), para. 146.121. 32 Article 31(1) Federal Act on Foreign Nationals of 16 December 2005 (FNA; SR 142.20). 33 Article 33 FNA. 34 Article 38(2), 44 and 59 FNA. 35 Article 31 (2) in conjunction with Article 83 FNA. 36 Article 34(2) FNA. 5