The European Commission and European States must take urgent action to address segregation, discrimination, and antigypsyism, and ensure equal access to rights and protection for Romani refugees fleeing Ukraine. 5. Lack of disaggregated data Our analysis shows there is very limited data on the nationality status of refugees from Ukraine. Issues with identification of nationality or statelessness at border crossings and registration points have been reported, as well as cases of imputed nationality (people being assigned an assumed nationality) during protection procedures, meaning it is very hard to get an accurate picture of who is fleeing Ukraine and whether stateless people or people with undetermined nationality have been able to apply for or access protection. Crucially, there are also issues with how nationality data is recorded during birth registration procedures, which creates an additional risk of new cases of statelessness emerging among children whose nationality is not being accurately determined at birth. No official published data on nationality could be found from registration/border points. ENS members providing legal assistance to people fleeing Ukraine have reported cases of stateless people from Ukraine in Switzerland, Romania, Poland, Moldova, Hungary, Germany, the Czech Republic, and Belgium. Disaggregated Eurostat data is available for some EU countries on first instance grants of temporary protection and total beneficiaries of temporary protection. This includes the ‘citizenship’ categories ‘stateless’, ‘unknown’, and ‘recognised non-citizens’, as well as ‘Palestine’ and ‘Western Sahara’. However, even where disaggregated data is available, ongoing failures in identification are likely to hide the true number of stateless people and those at risk of statelessness affected. The lack of data also makes it challenging to assess the situation facing stateless people in Ukraine, including where their lack of (proof of) nationality may have prevented them from fleeing the conflict. There is an urgent need for improved disaggregated data on the nationality status of refugees fleeing Ukraine, to tailor policy responses and prevent discrimination on grounds of statelessness or nationality status. 6. Recommendations Political commitments to ensuring everyone fleeing Ukraine can access temporary protection - and action already taken by many States to make this a reality - are welcome. However, our analysis shows that many stateless people from Ukraine are falling through the cracks, finding themselves outside the scope of this protection. It is regrettable that our calls for improved access to protection for stateless people - including in our open letter to the EU Commissioner for Home Affairs Ylva Johansson - remain unanswered. The further analysis we have conducted in 17 countries since then reinforces why action is so urgently needed. As set out in this briefing, we recommend that: i. Everyone fleeing the war in Ukraine should be guaranteed access to the territory regardless of documentation or residence status, as mandated by the EU and UNHCR, and in line with international law principles including the right to claim asylum. ii. EU Member States and other European States should extend temporary forms of protection to all stateless people and those with undetermined nationality who cannot meet current eligibility requirements, due to their statelessness or documentation status. To help facilitate this, the European Commission should revise the Operational Guidelines for implementation of the Temporary Protection Directive to better address the particular protection needs of stateless people. iii. The European Commission and European States should take urgent action to address segregation, discrimination, and antigypsyism, and ensure equal access to rights and protection for Romani refugees fleeing Ukraine.

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