Statelessness in Czechia | January 2024 24 If the applicant does not meet the conditions for international protection, they should apply solely for the determination of their stateless status. If a stateless person applies for asylum and for determination of their statelessness, it is important to determine both claims. Each application should be assessed, and both types of status should be explicitly recognised so that even if refugee status or another form of protection ceases, the person remains entitled to protection as a stateless person. This also helps to prevent arbitrary or unlawful detention, which can occur if a stateless person, who has no country to which they can return, is refused international protection (or their protection status ceases), and their statelessness has not been identified and determined. Statelessness determination should be conducted either in parallel with or following the refugee status determination, with due regard to the primacy of the asylum claim and the principle of confidentiality for refugees in statelessness determination procedures (see section 6). This means that if determining statelessness would require making enquiries to authorities that could compromise the safety of the applicant, the statelessness claim should be suspended until the refugee status determination is concluded, or the host State should determine that the applicant is stateless based on their own testimony and any other available evidence. A stateless person who has been refused refugee status (or who was granted refugee status which has now ceased due to improved conditions in the country of origin) should not be expected to return to a country in which they do not have nationality. Identifying statelessness early in the asylum process can also help prevent later unlawful detention of stateless people for the purpose of removal to a country of which they are not a national. Stateless people should be informed about the asylum procedure and statelessness determination procedures, and any other possible routes to protection, a residence permit, or nationality. They should also have access to specialised legal advice. Once informed about all possible options, stateless people should be able to choose which is the best procedure for them to follow. In Czechia, the international protection procedure has priority over the procedure for determining statelessness. In cases where a stateless individual applies for both international protection and stateless determination concurrently, MoI will suspend the procedure for determining statelessness and resume it once the international protection process is concluded. If the applicant for statelessness determination is granted a different type of residence permit, including international protection, the MoI will issue only a certificate of their statelessness, which does not confer the rights associated with stateless persons as defined in Section 49a of the Immigration Act.52 This means that a stateless person will enjoy the rights related to the specific residence permit they have been granted and can provide evidence of their statelessness if needed (e.g. claiming nationality rights for their future children, as outlined in Section 9). If a negative decision is made in the asylum procedure the individual may not necessarily be informed about the procedure for determining statelessness, as there is no obligation on authorities to do so. There may be a gap in ensuring that a person identified as (potentially) stateless is properly recognised as stateless to prevent detention and/or attempts at forcible removal. It is essential to provide individuals with the necessary 52 Section 170d para. 4 and 5 of the Immigration Act