We also recommend that exemption applications be delivered to the Minister, care of Legal Services either by hand or registered mail. LHR has in the past made an ‘acknowledgement of receipt’ form for hand delivery confirmation of receipt. Consult the UNHCR guidelines on statelessness when drafting your client's exemption application. These guidelines explain the factors that go into statelessness status determination as well as the burden of proof, standard of proof and other relevant considerations for decision makers. Given that South Africa has no law or policy on statelessness, it should apply the UNHCR guidelines in assessing stateless status and whether someone qualifies for protection due to statelessness. There are four sets of UHCR guidelines129 on statelessness, all issued in 2012: • • • • No. 1: The definition of “Stateless Person” in Article 1(1) of the 1954 Convention relating to the Status of Stateless Persons (UNHCR Definition Guidelines); No. 2: Procedures for Determining Whether an Individual is a Stateless Person (UNHCR Procedures Guidelines); No. 3: The Status of Stateless Persons at the National Level (UNCHR Status Guidelines); and No. 4: Ensuring Every Child's Right to Acquire a Nationality through Articles 1-4 of the 1961 Convention on the Reduction of Statelessness (UNHCR Child's Rights Guidelines). Finding a solution for clients: immigration status and citizenship argue that the documentation of stateless people will promote economic growth, but a stateless person would not be able to fill in the entire form which seems to require a passport and proof of employment. The recent regulation shows that the intent is to use this provision for economic goals rather than humanitarian. It is best to present all information that makes your client’s case sympathetic and shows that he or she has ‘special circumstances;’ is suffering prejudice by remaining undocumented; and would be a positive contributor to the South African society if allowed to remain. Be sure to include any supporting documents – birth certificates, school documents, etc. – as annexures to your application. Retain the originals and only submit copies to Home Affairs, as they do not return exemption applications once a decision has been made. If an application for exemption is rejected, that decision is reviewable in court under the Promotion of Administrative Justice Act and uniform rule 53. Resettlement to another country is the last resort option for clients who have failed to receive any form of protection in South Africa. See section 6.3 below for more information regarding resettlement. 129 All of the guidelines are available on www.refworld.org. Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide 97