IT IS RECOMMENDED THAT A MECHANISM BE ESTABLISHED FOR UPDATING AND HARMONIZING
INFORMATION ON INDIVIDUALS’ NATIONALITY STATUS in the Population Register and Register of the
SMA, to avoid inconsistencies in the data.
IT IS RECOMMENDED TO IMPROVE QUANTITATIVE AND QUALITATIVE DATA ON STATELESS
PERSONS IN SWEDEN, to ensure that all stateless persons are consistently recorded and reflected in the
statistics. In this context, UNHCR recommends exploring the possibility of recording stateless applicants’ country
or place of former habitual residence in the Register of the SMA in a manner which enables the generation
of statistical reports containing this data. UNHCR also recommends undertaking a participatory study of the
stateless population in Sweden, to improve the understanding of how statelessness affects these individuals’
situation in Sweden, and why so few use the possibility to acquire Swedish citizenship by notification, as well as
by naturalization.
Determination of stateless persons and the rights attached to the status
IT IS RECOMMENDED THAT A STATELESSNESS DETERMINATION PROCEDURE BE ESTABLISHED
to identify which persons on Swedish territory, including among the “unreturnable” persons, are stateless and
entitled to the protections of the 1954 Convention and a residence permit. The procedural standards and
safeguards that should govern fair and efficient statelessness determination procedures are set out in the
UNHCR Handbook on Protection of Stateless Persons. The UNHCR Good Practices Paper on Establishing Statelessness
Determination Procedures to Protect Stateless Persons242 provides useful guidance and examples of how such
procedures can be established and managed in practice.
IT IS RECOMMENDED THAT CHILDREN, AS WELL AS ADULTS, IDENTIFIED AS HAVING “UNKNOWN”
NATIONALITY HAVE THEIR NATIONALITY STATUS DETERMINED AS SOON AS POSSIBLE in order
not to prolong their undetermined status and consequent access to citizenship and relevant rights.
IT IS RECOMMENDED TO REVIEW THE BURDEN AND STANDARD OF PROOF APPLIED IN
PROCEDURES WITHIN WHICH AN INDIVIDUAL CAN BE ASSESSED AND/OR REGISTERED AS
STATELESS to ensure it follows the procedural standards set out in the UNHCR Handbook on Protection of
Stateless Persons, including the standard of proof of a reasonable degree.
IT IS RECOMMENDED TO INTRODUCE PROVISIONS GUARANTEEING APPLICANTS, AS WELL AS
PERSONS RECOGNIZED AS STATELESS, THE RESPECTIVE RIGHTS TO WHICH THEY ARE ENTITLED
UNDER THE 1954 CONVENTION. The UNHCR Handbook on Protection of Stateless Persons outlines which
rights all stateless persons on a State’s territory are entitled to, which are applicable to persons seeking the
status as stateless, and which are reserved for persons determined to be stateless.
IT IS RECOMMENDED TO INTRODUCE A SPECIFIC RESIDENCE PERMIT FOR PERSONS RECOGNIZED
AS STATELESS and that these persons be granted the “lawfully staying” rights guaranteed by the 1954
Convention, as elaborated in the UNHCR Handbook on Protection of Stateless Persons.
242
UNHCR, Good Practices Paper – Action 6: Establishing Statelessness Determination Procedures to Protect Stateless Persons, 11 July 2016,
available at: http://www.refworld.org/docid/57836cff4.html.
UNHCR STOCKHOLM, 2016
77
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