93 people from “unrecognised States” (Palestine and Western Sahara), and four people of unknown nationality. The publication includes data related to rejections and judicial decisions which reviewed appeals against them. However, the information does not show whether the asylum seekers or beneficiaries of international protection from “unrecognised States” or of unknown nationality were also recognised as stateless under the statelessness determination procedure. Statelessness Determination Procedure 20. It is implicit to the 1954 Convention and a juridically relevant fact under human rights law, that States must identify stateless persons to protect their human rights and protection.26 Establishing a statelessness determination procedure (SDP) is the most efficient way to do so.27 21. Spain has a dedicated SDP established by national law.28 While such a procedure is a big step in the right direction, it does contain a number of possible obstacles for applicants. The procedure can be initiated at the request of a party or ex officio, although this is rather exceptional in practice. Applications must be submitted through a standardised written form found on the Ministry of the Interior’s website, which require basic computer and internet skills.29 The form is available only in Spanish and applicants are provided with only four lines on the form to report their story and reasons for applying. Legal aid is only available at appeals stage, and not when submitting the initial application. Although there is a 3-month deadline for deciding upon applications, in reality, the Ministry of the Interior, takes much longer to do so. In the meantime, applicants do not have the right to work. Further, temporary stay authorisation when a decision is pending is discretionary. While in practice, such authorisation is usually provided, , it often takes a number of months before the authorities issue identity cards. Further, there is no specific protection against deportation during the process. 22. The burden of proof in the SDP is shared. The law mandates that “during the proceedings, the party can produce as much evidence and complementary information it considers relevant” (article 8.1). It also establishes that the procedure can incorporate “reports from legally constituted associations whose objectives, among others, are helping and giving advice to stateless people” (article 8.2), and that, “within its investigating powers, the Office of Asylum and Refuge can collect, both from the state administration bodies and from other national or international entities, as many reports as it deems necessary”. The Supreme Court decision no. 8948/2007 (appeal no. 10530/2007)30 stated that the burden of proof is shared, in the sense that there is an “obvious obligation of cooperation on the part of the Administration” as the law mandates that the competent body shall, ex officio, collect any evidence and reports it deems necessary. 23. Applicants are denied access to the “first reception” stage of protection and benefits for refugees, asylum seekers and the beneficiaries of subsidiary protection. This first stage, which lasts up to three months, is only available to those who have documentation – thereby excluding many stateless persons. Further, the Ministry’s Management Handbook explicitly states that 26 UN High Commissioner for Refugees (UNCHR), Handbook on Protection of Stateless Persons, 30 June 2014, available at: http://cort.as/-Kz95 [acceded 8 July 2019]. 27 UN High Commissioner for Refugees (UNCHR), Establishing statelessness determination procedures to protect persons, available at: http://cort.as/-Kz93 [accessed 8 July 2019]. 28 Real Decreto 865/2001, article 1, available at: http://cort.as/-K_ZY (Spanish) [accessed 8 July 2019]. 29 Stateless status application form, available at: http://cort.as/-KmZr (Spanish) [accessed 8 July 2019]. 30 Sentencia del Tribunal Supremo nº 8948/2007 (recurso 10503/2003), Sala de lo Contencioso-Administrativo, Sección Quinta, de 20 de noviembre: http://cort.as/-Kmaa (Spanish) [accessed 8 July 2019]. 5