Ad 2) asylum procedure In asylum cases, the Asylum Division of the Migration Department is responsible for the nationality assessment. An asylum application can be lodged with the SBGS at border-crossing points or in territory considered a border area,162 a Territorial Police Unit163 or the FRC.164 The Migration Department reviews applications and makes the decision as to whether to grant asylum. The asylum claim, as well as information relating to whether the individual possesses the nationality of his or her country of origin, are examined. No inquiries are submitted to the authorities of the country of origin, in keeping with the asylum procedure. If the applicant is granted refugee status or subsidiary protection and is also determined to be stateless, both conditions are recognized simultaneously. Importantly, however, if an asylum claim from a person considered to be stateless is rejected, no status of a stateless person is conferred on the applicant, and the individual is obliged to return to his or her country of habitual residence. Notably, until 2005, asylum statistics of the Migration Department distinguished between “stateless” and “stateless Gaza and West Bank” applicants. The Migration Department no longer considers asylumseekers with identification documents issued by the administration of the Occupied Palestinian Territories (OPT) stateless for purposes of the asylum procedure. The changes owe to the increasing recognition of Palestinian statehood in the international fora in the recent years.165 Stateless Palestinian asylum-seekers from outside the OPT, however, are still considered to be stateless166 if they claim to be such. Importantly, under the 1954 Convention, the inquiry into whether a person is stateless does not cease if it is determined that the person has a connection – including birth in – a State. Rather, it must be determined whether that State considers the person to be a national. Thus, in the context of Palestinians, it must be determined whether the Palestinian authorities consider that particular individual to be a national. Ad 3) removal procedure167 Decisions to remove aliens or stateless persons can be made by Territorial Police Units, structural units of the SBGS, or the Migration Department. The information provided by these institutions can be further analyzed by the Division of Aliens’ Affairs of the Migration Department. Identity determination is undertaken by the FRC and the SBGS, with the cooperation of the Migration Department. In cases where the person’s identity cannot be established because they do not possess identification documents, officers use a questionnaire (užsieniečio apklausos lapas), which includes questions on place of birth, citizenship and ethnic group, family, identity documents, and countries of previous residence. Inquiries are sent to the authorities of countries of origin and/or previous residence. If the person explicitly states he or she is stateless, officers will make inquiries to all countries with which the person alleges or is suspected of having relevant links. The aim of the inquiry is to identify a country to which the individual is to be returned, not whether he or she is stateless. 46 162 Law on the Legal Status of Aliens, Article 67 (1) (1). 163 Ibid, Article 67(1) (2). 164 Ibid, Article 67(1) (3). 165 Interview with representatives of the Migration Department, 7 August 2012. 166 Ibid. 167 The return procedure is addressed in detail in the Order of the Minister of the Interior No. 1V-429, 24 December 2004, on the confirmation of rules of making and implementing decisions to oblige an alien to leave, on their expulsion, return and transit through the territory of the Republic of Lithuania (new version of the Order of 15 May 2012 as subsequently amended). M A P P I N G S TAT E L E S S N E S S I N L I T H UA N I A