19 | Training handbook . Statelessness 1. Introduction 2. Guidance 3. Legal context (...) Asylum and statelessness leave It is important to note that the UK's statelessness determination procedure is separate from the asylum process, and individuals must choose between applying for asylum or applying for leave to remain as a stateless person. An application for statelessness leave often requires an approach to an embassy in an attempt to evidence lack of nationality or admission to a person’s country of origin. Such an approach could be interpreted as the person availing themselves of the protection of their government, which could result in an asylum claim being refused. Many people who apply for statelessness leave are failed asylum seekers. 4. Research strategy 5. Appendices Burden and standard of proof in statelessness applications The burden of proof generally rests with the applicant. Paragraph 403(d) requires an applicant to submit all reasonably available evidence to enable the Secretary of State to determine whether they are stateless and not admissible to another country. However, guidance also states that a caseworker ‘must assist’ if an applicant does not ‘have the resources or knowledge to obtain information’ [Stateless Guidance P14]. This can be by way of interviewing the applicant or undertaking relevant research. This is unusual in the immigration rules but it does not go as far as to genuinely share the burden of proof as a ‘collaborative’ procedure as The Home Office gives guidance to caseworkers on the suggested in the UNHCR Statelessness Handbook [para use of COI in statelessness applications. It should be 89]. In practice case workers may well be reluctant to noted that the caseworkers do not always do this and it carry out their own investigations and should not be is much better to provide them with the domestic law relied upon to do so. where possible and explain why the applicant is not eligible for consideration as a national. The standard of proof required is the balance of probabilities, as confirmed in AS (Guinea) v SSH [2018] “[...] You should undertake research into nationality and EWCA Civ 2234. This does not tally with the UNHCR other relevant laws, including their implementation and Handbook where the lower standard of proof – the the practices of the relevant state. [...]. Where further research is considered necessary, information should be ‘reasonable degree of likelihood’, which is used in obtained through the Country Policy and Information Team deciding asylum cases – is recommended. The Home (CPIT) useful sources list, reliable news media or from Office Guidance addresses the reasoning of the UNHCR databases such as UNHCR Refworld. The reliability of the but states that establishing the ‘factual issues’ of information obtained must be carefully considered and evidence corroborated from other sources where possible. statelessness requires a higher standard of proof than Any COI gathered through independent research must be that for asylum seekers who are evidencing a future fear fed back to CPIT.” 31 of persecution.32 The Home Office Guidance applies the civil standard to all the requirements of paragraph 403. Applicants therefore must gather as much evidence as possible that they have taken every reasonable measure to evidence lack of nationality and compliance with the requirements of paragraph 403. 31. UK Home Office, Stateless Guidance, v3.0 of 1st November 2019, p.16 32. UK Home Office, Stateless Guidance, v3.0 of 1st November 2019, p.15 © Asylos, 2023 Back to contents