Statelessness in Czechia | January 2024 17 temporary protection.35 To apply, the individual should present all available documents to prove their identity. If they do not have a valid biometric passport, they can prove their identity with a national ID card. If they do not have a national ID, they must obtain a document proving their identity from the Ukrainian embassy or consulate in order to be granted temporary protection in Czechia. Additional information is available in the Statelessness Case Law Database, the Statelessness Index, the report Addressing the Risks of Statelessness among Children in Migration in Europe, UNHCR Mapping Study – Faces of Statelessness in Czech Republic, the Information for stateless people fleeing Ukraine, and Information for stateless people fleeing Ukraine in regard to Czechia. Stateless people in Czechia may apply to the MoI to be recognised as stateless in line with the legal framework established in the Immigration Act. The application for determination of statelessness is a crucial step to securing rights within the country. The application should be filed at the Ministry of the Interior’s Department for Asylum and Migration Policy Offices in the vicinity of the person’s habitual residence. The list of offices is available here. The Immigration Act (Section 49a) defines a stateless person and describes the determination procedure. The procedure guarantees certain rights to applicants, but stateless people face some challenges. The law specifies the personal data required for the application, including name, sex, date of birth, State of birth, State from which citizenship was lost, and address in Czechia. There is no prescribed form for the application, and lawful residence is not required. All applicants should be informed of their rights and obligations and issued with a standardised ID that allows them to remain on the territory for the purpose of the determination procedure. The law defines the basis for concluding whether the applicant is a stateless person, and explicitly ensures the right of applicants to access their file.36 Determination of statelessness should always be undertaken by the relevant competent decision-making authority. Some important considerations include: UNHCR’s Statelessness Handbook confirms that the burden of proving that a person is stateless should be shared between the individual and the host country government. The individual should take reasonable steps to demonstrate that they are stateless. Once they have provided any evidence reasonably available to them, including their own statement, government officials should take reasonable steps to confirm the individual’s statelessness. 35 Section 3 of Act on Certain Measures Related to Armed Conflict in Ukraine Caused by the Invasion of Russian Troops no. 65/2022 Coll. "Lex Ukraine" (CZE) Information for Ukrainian citizens in the Czech Republic following the Russian aggression in Ukraine - FRS (web portal for foreigners in Czechia). Ministry of the Interior of the Czech Republic (CZE) 36 Section 49a of the Immigration Act