examining the potential challenges | 10.1163/22131035-14020001
29
As a result of ai’s ability to process large volumes of data at a pace that
surpasses human capabilities, ai algorithms can support human decisionmakers in speeding up the statelessness determination process in a number
of ways. Since machine learning can identify hidden anomalies, this makes
it very useful. ai algorithm can speedily detect the lack of any form of
documentation regarding an individual’s personal circumstances. It can be
used to generate a simple binary indicator to show whether specific documents
such as passport, id, birth certificates are present or missing. By learning from
previous computations and extracting regularities from massive databases,
ai algorithms can help produce reliable and repeatable decisions in routine
task. For example, ai algorithms can be used to automatically cross-check
the application fields to detect missing or incomplete submissions. Flagging
these issues early can reduce processing and decision-making times and better
manage application loads. Since the process of statelessness determination can
take a long time, addressing these challenges early on can prevent applicants
from spending extended periods in an insecure position.166 ai algorithms can
be used specifically to identify contradictory information or discrepancies in
an application form. In addition, ai algorithm can sift through a vast database
of case laws, providing decision makers with relevant information in a fraction
of time it will take manual processing.167
4.2.2
Challenges with Partial use of ai
In these partial tasks, bias worries and procedural fairness issues are a less
concern. However, privacy concerns remains. If ai algorithms are employed
to cross-check application fields for missing or incomplete information and
to detect the absence of documentation, the data may still be vulnerable to
privacy risks, as previously discussed under privacy. Reliability concerns may
arise in situations relating to citations. ai systems employing machine learning
can produce fabricated references; for instance, ChatGPT has been noted for
generating fictitious citations and non-existent cases.168
166
167
168
Ibid.
‘ai in legal research’ 5 May 2025 <https://www.sdlaw.co.za/articles/ai-in-legal-research/>
accessed 30 September 2025.
Roberto Marta v Avianca, Inc Case 1:22-cv-01461-pkc (S.D.N.Y June 22, 2023) <https://s3
.documentcloud.org/documents/23826753/judgeaskingtheotherlawyerwhyhe
submittedafilingwithfakecases.pdf> accessed 3 June 2025; Mavundla v mec: Department
of Co-Operative Government and Traditional Affairs KwaZulu-Natal and Others 2025 (3)
sa 534 (kzp) (8 January 2025).
International Human Rights Law Review (2025) 1–31