Statelessness in Czechia | January 2024 18 In Czechia, according to the Explanatory Memorandum, the burden of proof is shared. However, unlike the international protection procedure, greater cooperation from the applicant is expected.37 It can be challenging for some people to bring such evidence to the procedure. The procedure for determining statelessness should consider the fact that the process of obtaining these documents can be complex, time-consuming, and costly. For stateless persons who may have faced persecution or discrimination in their home countries, obtaining official documentation can be extremely difficult, if not impossible. Important considerations for statelessness determination: • • • • • Contact with officials of any country of origin/former residence should only be undertaken if it is safe to do so – i.e., not if the individual fears persecution in that country. Authorities should inform people who are or may be stateless of any options to apply for recognition of statelessness and/or international protection or for a residence permit. The nationality of a child should never be assumed. A determination of the child’s nationality should always be conducted, as the nationality may not be the same as their parents or of the country in which they were born. Children and people who are traumatised, had limited access to formal education, and/or do not have a legal representative are often less likely to understand what evidence could be useful to demonstrate statelessness. The host country government should assist them appropriately. The individual should always have the right to an interview, particularly when the evidence submitted does not clearly establish that they are stateless. The UNHCR Statelessness Handbook confirms that the standard of proof for determining statelessness should be the ‘reasonable degree of likelihood’ standard (which also applies in refugee status determination). This is also sometimes referred to as a ‘real risk’ or a ‘real possibility’ standard. Applying a higher standard of proof would undermine the object and purpose of the 1954 Convention.38 The ‘reasonable likelihood’ standard is lower than the ‘balance of probabilities’ standard that applies to many civil matters, and much lower than a criminal standard of proof (‘beyond reasonable doubt’). A ‘reasonable likelihood’ may refer to something that is of relatively low risk of occurring. It is something that reasonably could occur, or where there is a ‘real risk’ that it could occur. Different standards may apply to certain aspects of assessing whether a person is eligible for protection as a stateless person. For example, if a host country official alleges that a stateless person is excluded from protection under one of the criminality-based 1954 Convention exclusion clauses, this may require the government to prove, to a higher standard, that the exclusion applies. The 1954 Convention refers to ‘serious reasons for considering that’ the person should be excluded. 37 38 Explanatory Memorandum of 8 February 2023 to the Bill amending the Immigration Act, available in CZE here. UNHCR’s Statelessness Handbook, Paragraph 91.