Since January 2019, the Ministry of the Interior started issuing decisions on applications for the determination of statelessness. In most decisions, the MoI confirmed that the respective applicant was a stateless person according to the definition in the 1954 Convention. However, there are cases of individuals who lodged their application over a year or two ago and who have received no decision to date. That being said, in the current situation and under the current legislation, the issuance of decisions certifying the applicants’ statelessness arguably has no impact on their legal status. These decisions are limited to attesting that these persons are stateless within the meaning of the definition in the 1954 Convention but do not provide the applicant with any legal status or residence rights. The stateless persons who are, at the time of lodging their application under Section 8 (d) of the Asylum Act, in an irregular situation, thus, remain in an irregular situation, without any effective access to the rights under the 1954 Convention, as described in the study, even after a positive decision on their status has been issued. When delivering these decisions, the MoI advises the applicants that no rights, including no residence rights, ensue from the respective decision and refers them to the Foreign Police in respect of the further steps to be taken to address their residence situation. The Foreign Police, thereupon, issues these individuals with a standardised (often repeated) decision on administrative expulsion. Nevertheless, as part of the administrative expulsion proceedings, the MoI issues individuals recognised as stateless persons with a binding opinion on the impossibility to depart from the Czech Republic and holds that there are impediments to leaving the Czech Republic due to the State’s international obligations.44 Based on the ‘negative binding opinion’ issued in the proceedings on administrative expulsion, an individual can obtain a visa for the purpose of tolerated stay under Section 33 (3) of the Act on the Residence of Foreign Nationals.45 During the proceedings on the application for the tolerated stay visa, the applicant does not have the right to stay in the territory and has no other rights, such as social rights. The tolerated stay visa constitutes the most precarious resident status under the Act on the Residence of Foreign Nationals. To illustrate, the tolerated stay visa is a type of visa permitting stay for more than 90 days with a maximum of one year. After that period, the visa holder has to apply for its extension or for a transition to a long-term residence permit for the purpose of tolerated stay.46 However, there is no right to apply for another type of long-term visa or long-term stay in the territory.47 Similarly, the holder of a tolerated stay visa has no right to receive an ‘alien’s passport’,48 to work or to carry out a gainful activity,49 or to participate in public health insurance.50 The tolerated stay visa is automatically cancelled once its holder leaves the territory of the Czech Republic.51 On the basis of the UNHCR Handbook, such a resident status fails to meet the UNHCR’s recommendations concerning a minimum of two years that States 44 A binding opinion of the Ministry of the Interior is a mandatory part of proceedings on administrative expulsion. See, Section 120a of the Act on the Residence of Foreign Nationals (Act No 326/1999 on the Residence of Foreign nationals in the territory of the Czech Republic and amending certain laws, as amended). 45 Act No 326/1999 on the Residence of Foreign Nationals in the territory of the Czech Republic and amending certain laws, as amended. 46 Sections 33 (5) and 42 of the Act on the Residence of Foreign Nationals. 47 An exception to this is where such an individual becomes a family member of an EU or Czech citizen. The option to apply for a temporary stay of a family member further to Directive 2004/38/EC is not affected (see, Section 87b of the Act on the Residence of Foreign Nationals). Similarly, said individual can apply, no earlier than after six months of a stay under a tolerated stay visa, for a long-term stay for the purpose of family reunification if the individual meets the requirements of Council Directive 2003/86/EC on the right to family reunification of third country nationals who stay in the European Union (see, Section 42a (5) of the Residence of Foreign Nationals Act). 48 The holders of the tolerated stay visa can only be issued with a travel identity card under Section 114 (6) (b) of the Act on the Residence of Foreign Nationals. However, the travel identity card is not an internationally recognised travel document and it is not possible to travel to most other countries solely with this card. 49 Once the tolerated stay visa has been granted, its holder can seek to obtain a work permit (however, such permit is not automatically granted). 50 The prohibition of participation in public health insurance means the need to pay for a commercial health insurance for foreign nationals. If an individual person does not have the required funds for this, they remain uncovered by health insurance, which constrains the availability of healthcare for them. 51 Section 62 (4) of the Act on the Residence of Foreign Nationals. UNHCR Czech Republic 19