EUROPEAN UNION AGENCY FOR ASYLUM
In the context of international protection, a stateless applicant is an applicant who does not
hold any nationality at the time of the assessment.
The fact that the applicant has not (yet) taken steps to have their ex lege nationality
recognised by their national authorities (e.g. by registering themselves with their national
authorities) does not detract from the fact that they are, legally speaking, nationals of that
country. However, any indications that the national authorities will not recognise that
nationality should be considered. It should also be noted that the mere absence of, or inability
to produce documents substantiating a nationality does not make a person stateless. See
Chapter 5. Evidence to determine nationality, statelessness and the country of origin.
The fact that an applicant who cannot, in practice, access certain rights to which they should
normally be entitled as a national, does not mean they are rendered stateless as long as they
are considered a national by a state under the operation of its law. Whether the applicant
enjoys the rights to which nationals are generally entitled or can avail themselves of the
protection of their country of origin has no bearing on the fact that they are nationals of that
country.
2.5.2.
Statelessness determination procedure
States that have acceded to the Stateless Persons Convention have rights and obligations
towards stateless persons ( 53).
Recital 24 APR mentions that:
Without prejudice to the competence of Member States on the acquisition
of nationality and the fact that, under international law, it is for each
Member State, having due regard to Union law, to lay down the conditions
for the acquisition and loss of nationality, in applying this Regulation,
Member States should respect their international obligations towards
stateless persons, in accordance with international human rights law
instruments, including where applicable under the Convention relating to
the Status of Stateless Persons, adopted in New York on 28 September
1954. Where appropriate, Member States should endeavour to identify
stateless persons and strengthen their protection, thus allowing stateless
persons to enjoy core fundamental rights and reducing the risk of
discrimination or unequal treatment.
In the country of asylum, a specific procedure may exist to formally determine whether an
applicant is a stateless person and thus enable them, by granting them a formal status, to
assert their rights in practice. Depending on national law, the rights and obligations of
stateless persons may differ from those granted to beneficiaries of international protection.
(53) The EU+ countries that are party to the Stateless Persons Convention are Austria, Belgium, Bulgaria, Croatia,
Czechia, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania,
Luxembourg, Malta, Netherlands, Norway, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and
Switzerland.
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