which may provide a solution. Liaise with the detention authorities to ensure
that the person is present at the interviews and ensure that the procedure has a
suspensive effect on any removal order.
ņņ
If no statelessness determination procedure is in place, would the authorities
consider allowing the process to be conducted by UNHCR on behalf of the
Government?
ņņ
Upon release from detention, verify whether he/she has received an identity
document and permission to stay in the country in order to prevent repeat
detention.
ņņ
If the person remains in an irregular situation upon release, assist or refer
to a legal assistance provider who can assist in preparing an application for
statelessness determination or for regularisation of status on other grounds.
FACILITATE THE (RE)ACQUISITION OR CONFIRMATION OF NATIONALITY
ņņ
Analyse the nationality legislation and practice of the countries to which the
person has links in order to assess whether the person could acquire/has
acquired nationality.
ņņ
Analyse the provisions and practice related to civil registration and the issuance
of identity and nationality documents in those countries in order to assess
whether any obstacles exist(ed) to acquiring those documents.
ņņ
While taking into consideration confidentiality requirements,37 contact the
competent authorities of the countries to which the person has relevant links,
to verify whether the person could (re)acquire nationality and access identity
documents.38
ņņ
Consider contacting lawyers, NGOs or UNHCR operations in the country of
possible nationality for advice on procedures to acquire documentation and/or
nationality.
ņņ
If the person has the possibility to acquire identity and nationality documentation
in the country of residence or the country of origin, assist or refer to legal aid
providers who can provide support.
37
Under no circumstances is contact to be made with authorities of a State against which the
person alleges a well-founded fear of persecution unless it has definitely been concluded that
he or she is neither a refugee nor entitled to a complementary form of protection. Consent of the
individual(s) concerned is normally required for any transfer of data to such authorities.
38
See UNHCR, Handbook on Protection of Stateless Persons, Para. 26 – 56.
A tool for their identification and enhanced protection
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