EUROPEAN UNION AGENCY FOR ASYLUM
declaratory of the nationality or statelessness of the applicant (see Section 5. Evidence
to determine nationality, statelessness and the country of origin). However, depending
on your national legal context, you may need to wait until a decision has been made by
the competent authority.
Recommendation in relation to the interplay between the asylum procedure and
the statelessness determination procedure
It is recommended that the interplay between the asylum procedure and the statelessness
determination procedure is organised at national level in such a way that it avoids
unnecessary delays. It should allow for the swift and efficient processing of applications for
international protection of (potentially) stateless applicants.
The importance of recording statelessness
If an applicant has been found to be stateless in the framework of the assessment of their
application for international protection, it is important that this fact is adequately recorded in
their administrative file. Reflecting this in official databases, documentation, decisions, and
certificates issued by the administration facilitates the asylum procedure. It also ensures the
provision of adequate information, support and protection to stateless applicants and
stateless refugees.
There may be instances where the international protection previously granted to a stateless
person ceases without them having acquired a nationality. In such cases, this person will
still be stateless and will be in need of the specific protection available to stateless persons
under the Stateless Persons Convention.
Moreover, the statelessness of beneficiaries of international protection may have
consequences for them and their children. For example, the children of stateless
beneficiaries of international protection, namely those who are born in a host country and
who did not acquire any other nationality, are entitled under international law (and the
nationality laws of many countries) to the nationality of the country in which they were
born ( 55). Stateless persons may also benefit for an accelerated path to nationality based on
a shorter duration of residence requirements.
The identification of statelessness could already have occurred and be recorded at an
earlier stage, during the screening ( 56) or at the registration ( 57) and lodging of the
application. Further information on this is available in the EASO, Practical Guide on
Registration – Lodging of applications for international protection, December 2021.
(55) European Parliament Research Service, Acquisition and loss of citizenship in EU Member States – Key: trends
and issues, PE 625.116 of July 2018, p. 3.
(56) For persons to whom the screening regulation applies, see Articles 12 and 17 screening regulation.
(57) Article 27(1)(a) and Article 27(2) APR.
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