3.3.2.2 QUESTIONS OF PROOF Although the 1954 Convention does not articulate a standard of proof, States are encouraged to make a finding of statelessness where it is established to a “reasonable degree” that an individual is not considered as a national by any State under the operation of its law.117 Given the nature of statelessness, applicants for statelessness status are often unable to substantiate the claim with much, if any, documentary evidence. Moreover, statelessness, by its very nature, cannot normally be proved. Rather, it is an individual’s nationality that can be proved. Statelessness determination authorities need to take this into account, where appropriate giving sympathetic consideration to testimonial explanations regarding the absence of certain kinds of evidence.118 As there is no specific statelessness determination procedure in Sweden, the burden and standard of proof applied when assessing an individual’s potential statelessness will depend on the procedural standards and guidelines governing such assessments in the procedure in question, for example the asylum or naturalization procedure. Establishing identity, including citizenship status, for the purpose of the asylum procedure An assessment of whether an asylum applicant is stateless, or of “unknown” nationality, is part of establishing his or her identity, for the purpose of, thereafter, determining whether he or she is in need of international protection. The SMA has adopted a Judicial Position on establishing an applicant’s identity in asylum claims, which provides guidance to SMA case workers and decision makers.119 The Judicial Position notes that Swedish legislation does not contain a definition of “identity”, but that, according to the preparatory works and judicial practice, an individual’s identity comprises name, date of birth and, as a general rule, citizenship.120 It also asserts that a precondition for an individual assessment of the asylum claim is that the applicant has made his or her identity “probable” (sannolik). In comparison, the Handbook encourages States to make a finding of statelessness where it is established to a “reasonable degree” that an individual is not considered as a national by any State under the operation of its law. The aforementioned Judicial Position explains the importance of the SMA case worker encouraging the asylum-seeker to play an active role in establishing his or her identity, or making it probable. The best way for a person to establish his or her identity is to present an original passport or ID document. If the applicant cannot show any documentary proof of his or her identity, he or she should be given an opportunity to explain why such documentary proof is not available. The Judicial Position further affirms that it is possible to determine an asylum-seeker’s identity solely based on his or her oral account, and that other methods, such as knowledge and language tests, may be used to establish the applicant’s identity in the absence of a passport or ID document. While the aforementioned Judicial Position does not contain any direct references to the particular difficulties stateless applicants may have in presenting a national passport or ID document as proof of their identity, it can be noted that the Government Bill on Citizenship and Identity of 1998, which introduced an exemption from the general requirement to prove one’s identity in order to be eligible for nationalization, 117 UNHCR, Handbook, para. 91. 118 Ibid., at para. 90. For a detailed discussion, see ibid., paras. 89-107 (discussing, inter alia, evidentiary issues such as the proper consideration of passports, enquiries with and responses from foreign authorities, the importance of conducting interviews with the individual whose nationality or statelessness is at issue, and credibility issues). 119 SMA Judicial Position on probable identity in asylum cases, Rättsligt ställningstagande angående sannolik identitet i asylärenden, RCI 08/2013, available at: http://goo.gl/4lfEIH. 120 Proposition (1997/98: 178) Medborgarskap och identitet, p. 8, available at: https://goo.gl/8DisFY; MIG 2010: 17, MIG 2011: 11 and MIG 2012: 1. UNHCR STOCKHOLM, 2016 37