examining the potential challenges | 10.1163/22131035-14020001 19 3.2.3 Procedural Fairness Procedural guarantees, and procedural fairness are fundamental elements of sdp s.99 Under both international, regional and domestic law, public agents are to ensure decision processes are fair.100 Due process guarantees integrated into administrative law procedures, including those applicable in refugee status determination procedures,101 are necessary in a sdp and these include: decisions are made in writing with reasons with an explanation of the grounds on which it was made; the right to make representations; where children are concerned, the child’s right to be heard and the best interest of the child.102 For the purpose of this study, only these procedural guarantees are examined within the scope of algorithmic decision making. 3.2.4 ai ‘Black Box Nature’ and the Duty to Give Reasons In statelessness determination, officials are required to provide reasons that justify the decision based on fact and law, which will allow the affected individual to understand why their application was rejected or approved and appeal if decisions are unfair.103 Providing reasons for decisions based on law and fact is a fundamental administrative procedural fairness requirement for decision makers under both domestic and international law.104 In this regard, it 99 100 101 102 103 104 United Nations Counter-Terrorism Implementation Task Force Working Group on Protecting Human Rights while Countering Terrorism Basic Human Rights Reference Guide: Right to a Fair Trial and Due Process in the Context of Countering Terrorism (October 2014). Due process is guaranteed in arts 13 and 14 of the iccpr. Human Rights Committee, General Comment 32 Article 14: Right to Equality Before Courts and Tribunals and to a Fair Trial; Agraira v Canada (Public Safety and Emergency Preparedness), 2013 scc 36; African Charter on Values and Principles of Public Service and Administration, adopted by the 16th Ordinary Session of the of Heads of State and Government of the au Addis Ababa, Ethiopia—31st January 2011,entered into force on 23rd July 2016; South Africa’s Promotion of Administrative Justice Act 3 of 2000. iccpr, Art 13; Human Rights Committee, Concluding Observations on Bulgaria, UN Doc. ccpr/c/bgr/co/3, 19 August 2011 para 16; European Court of Human Rights M.S.S. v Belgium and Greece [gc], application No. 30696/09, para 302; Inter-American Court of Human Rights, Nadege Dorzema et al v Dominican Republic 24 October 2012, paras 161 and 175. unhcr ‘Good Practices Paper—Action 6: Establishing Statelessness Determination Procedures to Protect Stateless Persons’ July 2020 at 17. Handbook on Statelessness supra n 13 para 71, 77; Jessica Palairet ‘Reason-Giving in the Age of Algorithms’(2020) 26 Auckland University Law Review 88. International Centre for Settlement of Investment Disputes(icsid), Joseph Lemire v Ukraine arb/06/18, 14 January 2010 para 309; Regina v Higher Education Funding Council, ex parte Institute of Dental Surgery [1994] 1 wlr 242 (qb) para 256–257; South Africa’s Promotion of Administrative Justice Act 3 of 2000; Joint General Comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the International Human Rights Law Review (2025) 1–31