may be a bar to naturalisation, unless it is deemed that the trial was unfair or the
punishment disproportionate. 73 There is a fee of 28.64 EUR for the naturalisation
procedure. Exemptions are available for some groups including children in care,
orphans, and severely disabled persons, and a reduced fee of 4.27 EUR is available for
those in need, registered unemployed, large families, older people, some students and
disabled persons. There are no exemptions for stateless people.74
Issue 4: Immigration detention of stateless persons
41. Stateless people face a heightened risk of arbitrary detention particularly where
procedural safeguards to identify and determine statelessness and related barriers to
removal are lacking.75
42. There are some safeguards against the arbitrary detention of stateless migrants in
Latvia, but significant gaps remain.76 A proposed country of removal does not need to
be identified prior to detaining someone for removal, and there is no clear legal
provision guaranteeing that detention is only ever used as a last resort.77 Statelessness
is only considered juridically relevant in that someone may be referred to the SDP for
determination of their statelessness, but if they have no legal right to stay or there is
a risk of absconding, a stateless person may still be detained until their statelessness
is determined under a procedure.78 Vulnerability assessments are provided for in law,
but statelessness is not considered a vulnerability factor.79
43. Alternatives to detention are established in law and the wording implies that reporting
to the authorities should be considered prior to ordering detention. 80 However,
evidence from practice and available data suggests that alternatives may only be
applied in a small proportion of return decisions. 81 There are some procedural
safeguards, but periodic reviews are undertaken by the authorities, rather than the
courts, although decisions may be appealed to a judge. 82 Legal aid is limited to
challenging the return decision and not detention. People released from detention are
not guaranteed access to basic rights or assistance and cumulative time spent in
detention does not count towards the maximum time limit.83
73
Citizenship Law, 2013, Section 11: https://likumi.lv/ta/en/en/id/57512
Cabinet of Ministers Regulations Nr. 849 Regulation on State Fee for the Submission of Naturalisation Application, 2013,
Section 2-4 https://likumi.lv/ta/id/259981
75 ENS (2017) Protecting Stateless Persons from Arbitrary Detention: An Agenda for Change,
https://www.statelessness.eu/sites/www.statelessness.eu/files/attachments/resources/ENS_LockeInLimbo_Detention_Agend
a_online.pdf
76 ENS Statelessness Index Latvia: https://index.statelessness.eu/country/latvia
77 Imigrācijas likums (Immigration Law), 2017: https://likumi.lv/ta/id/68522-imigracijas-likums
78 ibid
79 Imigrācijas likums (Immigration Law), 2017, Art. 57 & 59: https://likumi.lv/ta/id/68522-imigracijas-likums
80 Asylum Law, 2017, Section 13 & 14: https://likumi.lv/ta/en/en/id/278986-asylum-law; Imigrācijas likums (Immigration Law),
2017, Art. 51: https://likumi.lv/ta/id/68522-imigracijas-likums
81
Latvian Centre for Human Rights (2015) The return of Third Country Nationals: Standards and their Implementation in Latvia:
http://cilvektiesibas.org.lv/media/attachments/01/12/2015/Latvian_report_ korekturai_COR_NEWNEW.pdf
82 Imigrācijas likums (Immigration Law), 2017, Art. 52(2), 54, 56 & 59: https://likumi.lv/ta/id/68522-imigracijas-likums
83 ENS Statelessness Index Country Survey 2019: Latvia, pp. 40-41, available at:
https://index.statelessness.eu/sites/default/files/ENS_Statelessness_Index_Survey-Latvia-2019.pdf
74
11
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents