an individual is on a State’s territory, a determination of his/her nationality status may be the only way to identify a solution to his/her plight. If the individual is determined to be stateless, and if there is no possibility of return to the country of former habitual residence or if there is no such country, then admittance to the State and some type of legal stay may be the only solution. If an individual has made an application to be recognized as stateless, or if the authorities are trying to determine whether or not an individual is stateless, then it may be necessary to provide for temporary stay while the process is underway. The Convention is silent on whether a legal stay shall be granted while the request for recognition of stateless status is being assessed. Practices among the States with dedicated procedures vary. The principle of due process requires that applicants be given certain guarantees including: • the right to an individual examination of the claim in which the applicant may participate; • the right to objective treatment of the claim; • a time limit on the length of the procedure; • access to information about the procedure in language the claimant can understand; • access to legal advice and an interpreter; • the right to confidentiality and data protection; • delivery of both a decision and the reasons that underlie the decision; and • the possibility to challenge the legality of that decision. Some categories of applicants for stateless status, particularly unaccompanied children, have special needs that require distinct procedural provisions. These provisions may include the appointment of a guardian to represent or assist the unaccompanied child during the administrative procedure. Can a State detain a stateless person who doesn’t have a legal stay? Stateless persons should not normally be detained. Individuals who are stateless often lack identity documents, such as national identity cards or passports, which can establish their identity. Even if the country of former residence has been identified, often that country will not immediately accept the readmission of the individual. In these situations, detention should be avoided and only be resorted to if clearly based on national legislation that conforms to international human rights law. Alternatives to detention should be explored first, unless there is evidence to suggest that the alternatives will not be effective for the individual concerned. Stateless persons without a legal stay should be detained only after considering all possible alternatives. In making the exceptional decision to detain, authorities should determine whether detention is reasonable and proportional to the objectives to be achieved. If judged necessary, detention should only be imposed in a non-discriminatory manner for a minimal period of time. UNHCR can advise on these cases, if requested. 21