Statelessness in Czechia | January 2024 23 For further information about international standards for statelessness determination and examples of good practices, see ENS reports Statelessness determination and protection in Europe: good practice, challenges, and risks and the Good Practice Guide on Statelessness Determination and the Protection Status of Stateless Persons. Additional country information is available in the Statelessness Index Country Profile on Czechia. Statelessness may be relevant in the asylum procedure as a significant factor in proving persecution or an indication of a well-founded fear of persecution or human rights violations. Statelessness should be considered in the assessment of claims for international protection, recognising the heightened vulnerabilities and challenges that stateless persons may face. Refugees can have a nationality or be stateless. Statelessness may be the result or the cause of persecution or other harm. The 1951 Refugee Convention refers to some refugees “not having a nationality” in Article I(A)(2). A refugee’s statelessness may be a reason for or very closely linked to their fear of persecution (for example a person who has been deprived of nationality for political reasons or who is part of a stateless community that is systematically persecuted). For other refugees, statelessness may be largely incidental to their fear of persecution or other harm (for example a stateless person who has fled a war which is unrelated to their lack of nationality). Or both factors can co-exist, where a stateless person fears persecution specifically linked to their statelessness and also serious harm due to an armed conflict. The Czech Asylum Act establishes the rights, procedures, and criteria for asylum-seekers, including stateless individuals, who are seeking refuge in the country. In the case of stateless people, the Asylum Act assesses the risk of persecution and serious harm in relation to the person’s last State of residence prior to their arrival in Czechia and where they have established ties.49 The Asylum Act does not define a stateless person, so the 1954 Convention definition applies. It is vital that statelessness is identified in asylum procedures. This is necessary, for example, to ensure that all forms of persecution are considered and to prevent a stateless person being forced to return to a country where they face a risk of persecution or harm or a precarious future as a stateless person. The MoI will investigate to determine whether the applicant faced persecution in their last place of residence based on the 1951 Convention grounds.50 In addition, the MoI will also assess whether the person would be in danger of being subjected to the death penalty, torture, inhuman or degrading treatment or punishment, or that their life or human dignity would be in danger if returned. The MoI will also consider the possibility that the person may find themselves in a situation involving international or internal armed conflict. These factors are taken into account when considering eligibility for subsidiary protection.51 49 Section 2 para. 2(f) of the Asylum Act Section 12 of the Asylum Act 51 Section 12 and 14a of the Asylum Act 50