The Republic of Moldova
work. Employed applicants are automatically enrolled in the compulsory medical
insurance system and social protection system.
The Moldovan Law takes particular consideration of the special protection concerns of
unaccompanied children and persons with mental disabilities, both of whom are to be
represented by a legal guardian. At the conclusion of the interview, an interview note
will be signed by the applicant and the examiner, indicating whether an interpreter or a
guardian took part in the interview.
Whilst the application is being processed, the applicant may submit additional evidence
to substantiate their claim for statelessness (Article 87(1)). The examiner renders a
decision based on all available evidence within a period of six months from the date an
application is registered. This deadline can be extended by successive periods of one
month, but must not exceed a total of an additional six months.
In practice, the burden of proof to establish statelessness is shared. Applicants are
obliged to cooperate fully with the authorities by submitting all available evidence
regarding their status and presenting themselves to the authorities for as many
interviews as may be required. The examiner is obliged to collect additional information
regarding an applicant’s case, including through contacts with foreign authorities or with
Moldovan embassies and consulates abroad. In particular, the competent authority for
foreigners is to undertake the necessary steps to collect information from the applicant’s
place of birth, place of residence or former domicile, and request information from the
foreign State of which the applicant’s family members are nationals. The legislation does
not establish a standard of proof for the SDP but in practice the standard is the same as
for asylum procedures, that is, when statelessness is established to a ‘reasonable
degree’. A person is considered stateless unless and until evidence is received
confirming that they are a citizen of a country. If there is no reply from the foreign
authorities to a request for information from the Moldovan authorities, this is interpreted
as meaning that the applicant is not considered a national by that State. If information is
received confirming nationality after statelessness status is granted, the Moldovan Law
allows for the cancellation of statelessness status.
A decision recognizing or rejecting an application for statelessness status must be
communicated to the concerned individual within three working days after the decision
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U N H C R > G P P AC T I O N 6 : E S TA B L I S H I N G S TAT E L E S S N E S S D E T E R M I N AT I O N P R O C E D U R E S