19. In order for an application to be considered, long-standing practice was that the applicant had to demonstrate a legitimate interest in determining their statelessness.46 This had the consequence that authorities denied a legitimate interest where a person had already been recognised as stateless by another State Party of the 1954 Convention, had a right remain in another state while not having a particular connection to Switzerland, or if the person concerned would not receive more favourable rights by being recognised as stateless. 47 In practice, this requirement meant that persons recognised as refugees or in possession of a residence permit were unable to apply for statelessness determination. In a new judgment of December 2021, the Federal Administrative Court recognised that the recognition of statelessness is a legitimate interest in itself as it is part of a person’s social identity and hence protected by the right to private live as guaranteed in Article 8 ECHR and Article 13 of the Swiss Constitution.48 However, it is not yet clear whether the new practice is already consistently applied by the SEM and the Swiss judiciary.49 20. The decision taken by the SEM can be appealed at the Federal Administrative Court and in second instance to the Federal Court.50 The procedure is written in one of the official languages. Parties have the right to be heard and to an interpreter if necessary. The procedure is free of charge. Free legal aid can be granted if a person lacks the necessary means, legal representation is necessary to secure that person´s rights and if a request or appeal is not futile. Finally, there is very little accessible information about the procedure for individuals concerned.51 21. The identification of stateless persons is of utmost importance in guaranteeing the rights of stateless persons living in the country. While the 1954 Convention to which Switzerland is a party does not explicitly prescribe how stateless persons should be identified, it implicitly requires states to ´identify stateless persons in order to accord them appropriate standards of treatment under the Convention´. 52 A formal statelessness determination procedure offers the most effective means to protect the rights of stateless persons,53 including rights such as liberty and security of the person. Such a procedure also allows the state to gain a better understanding of the extent of statelessness and to better monitor the status and treatment of stateless persons in Switzerland.54 The co-submitting organisations therefore recommend that Switzerland put in place a dedicated, formal statelessness determination procedure that meets the standards set out in relevant UNHCR guidance.55 46 Article 25(2) APA. State Secretariat for Migration, ‘Manuel Aisle et retour, F5 – Demande de reconnaissance du statut d´apatridie’, available at https://www.sem.admin.ch/dam/data/sem/asyl/verfahren/hb/f/hb-f5-f.pdf. 48 Federal Administrative Court in case F-1297/2017 of 14 December 2021. 49 In a more recent case, the Federal Court applies the legitimate interest requirement without reference to the change in practice, see case 2C_587/2021 of 16 February 2022. 50 Federal Act on the Federal Administrative Court of 17 June 2005 (SR 173.32) and Federal Act on the Federal Court of 17 June 2005 (SR 173.110). 51 Recently, the SEM published general information about the procedure on its website, available at: https://www.sem.admin.ch/sem/en/home/asyl/staatenlosigkeit.html. 52 UNHCR, ‘Handbook on protection of stateless persons', (2014), note 12, para. 144, available at: https://www.refworld.org/docid/53b676aa4.html. 53 UNHCR, ‘Good Practices Paper – Action 6: Establishing Statelessness Determination Procedures to Protect stateless Persons’, (July 2016), p. 2, available at: http://www.refworld.org/docid/57836cff4.html. 54 UNHCR, ‘Global Action Plan to End Statelessness, Action 6’, (4 November 2014), available at: http://www.refworld.org/docid/545b47d64.html; UNHCR, ‘Mapping Statelessness in Austria’, (January 2017), para 215., available at: http://www.refworld.org/docid/58b6e5b14.html. 55 See also Council of Europe, Parliamentary Assembly (PACE), Resolution 1980 (2014) on access to nationality and the effective implementation of the European Convention on Nationality, (9 April 2014), para. 5.2.2; Parliamentary Assembly (PACE), Resolution 2099 (2016) on the need to eradicate statelessness of children, (4 March 2016), para. 12.2.3. 47 7