3. Statelessness determination procedures (SDPs)
Burden of proof
Applicants for statelessness status and national authorities
share the burden of proof.
Standard of proof
The finding of statelessness shall be justified when it has
been established to a reasonable degree that the individual is
not considered a national by any State under the operation of
its law.
Administrative
and judicial review
Resolutions concerning statelessness status shall be
reviewed in accordance with the ordinary system for
the administrative and judicial review of administrative
acts. The lodging of appeals or administrative or judicial
remedies shall suspend the execution of any resolution
concerning expulsion.
4. Facilitated naturalization
Dissemination
of information about
the procedure
The competent authority shall provide stateless persons
with information about the criteria and requirements for
their naturalization in a language they can understand.
Costs
Stateless persons are exempted from paying the fees
normally required in the naturalization process, including
expenses for filing their application, the costs of obtaining
documents (e.g. certificates), legalizations, etc.
Duration
Applications filed by stateless persons shall be processed
on a priority basis.
Burden of proof
Stateless persons seeking naturalization must provide
all the evidence in their possession or which they may
reasonably obtain, while the competent authority shall
facilitate as far as possible the attainment of the remaining
required documents.
Standard of proof
When necessary to resolve an application, the
competent authority shall give the benefit of the doubt
to stateless persons who have cooperated throughout
the naturalization procedure in order to meet the
requirements of the process.
Free legal assistance
Stateless persons with no economic means shall be
provided with free legal assistance in all stages of the
naturalization procedure.
35