2. Update: barriers to protection in Europe (including under the TPD)
Latest information from ENS members and partners in Ukraine and neighbouring countries
suggests that stateless people and those at risk of statelessness fleeing Ukraine are facing barriers
to protection due to their lack of nationality, documentation, and/or residence status.
Barriers in Ukraine
There have been reports of racial discrimination, antigypsyism, and differential treatment on the
Ukrainian side of the border. Between 16-18 April, the Ukrainian State Border Guard temporarily
implemented a policy of permitting only Ukrainians with biometric identity documents to exit
Ukraine (with some exceptions for persons fleeing active hostilities or persons with disabilities).
The policy was amended on the evening of 18 April to permit all those with national identity
documents from all parts of Ukraine to exit the territory. This is likely to prevent many stateless
persons and persons at risk of statelessness leaving Ukraine.
ENS members in Ukraine report significant barriers for stateless people and those without
documents to register for support as Internally Displaced Persons, difficulties crossing internal
checkpoints, and fear amongst those without documentary proof of their links to Ukraine that
they will not be able to return to the country even if they are able to leave.
Entry to neighbouring countries
Hungary, Slovakia, Poland, Romania, and Moldova have stated that they admit everyone fleeing
the war in Ukraine, including stateless people, those at risk of statelessness and/or
undocumented people. However, inconsistent practices and instances of discrimination have been
reported at different border crossings. Those without Ukrainian (biometric) passports may face
barriers to accessing the territory or be subject to additional ‘secondary screening’ procedures,
including in detention-like conditions in some cases.
Access to protection
EU Member States are not currently required to extend temporary protection to most stateless
people and those at risk of statelessness living in Ukraine. People without documentary proof of
their nationality, international protection, or a residence permit in Ukraine face significant barriers
to accessing protection.
The EU Temporary Protection Directive grants immediate protection only to Ukrainian nationals
and those who held international protection or ‘equivalent national protection’ in Ukraine prior to
24 February 2022 (and their family members). Stateless people who can prove they held a
permanent residence permit in Ukraine before 24 February, and ‘cannot safely return to their
country or region of origin’, are also entitled to protection, but Member States can choose
whether to apply the TPD or ‘adequate protection under national law’. Member States may
extend protection to others, including stateless persons who were ‘residing legally’ in Ukraine.
Our country briefing series provides more detailed information on the routes to protection
available to stateless people and those at risk of statelessness fleeing Ukraine in different
countries. Most European countries have not extended temporary protection (or other protection
schemes for Ukrainian refugees) to stateless people from Ukraine. If able to flee, most stateless
people will have to resort to asylum, humanitarian protection, or statelessness status procedures
(if available). These procedures are lengthy, subject to stringent evidentiary requirements that are
difficult for stateless people to meet, and do not provide immediate protection. Applying for these
procedures may also prevent onward movement and/or return to Ukraine, meaning some are
reluctant to apply.