THEMATIC BRIEFING | SEPTEMBER 2021
Statelessness determination and protection in Europe
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on statelessness, ensure country of origin information contains information
about statelessness and risks of statelessness as well as nationality laws and civil
registration law, policy, and practice, and international standards for relevant officials
and wider dissemination.
4.3.
Addressing the ‘pull factor’ myth
Evidence from countries with SDPs shows no correlation between the number of
people entering the country and the introduction of an SDP, and the numbers of
people applying to SDPs in Europe remains relatively low.92 Where no SDP is in place,
stateless people are often stuck in limbo, subject to detention and failed removal
attempts, with no way to regularise their stay and nowhere to go. Consequently,
many face grave violations of their rights, and public authorities are faced with
significant costs and wasted resources. The introduction of an SDP provides a
framework for States to determine a person’s nationality status with two possible
outcomes: either the person is recognised as stateless and granted the protection
they are entitled to under international law, or they are recognised to be a national
of another State, issued documentation and may then leave the country. Either way,
introducing an SDP not only ensures stateless people can access their rights and
contribute to the societies in which they live, but assists States to find solutions for
people who would otherwise remain irregularly on the margins of society, unable
to either contribute or leave the country. It is also important to note that SDPs
require the cooperation of the applicant, who must submit information about their
circumstances, seek information from the authorities of countries with which they
have links, and potentially attend interviews with consular authorities. It is therefore
very unlikely that a person who does not have a genuine reason to believe they are
stateless would apply for statelessness status.
4.4.
Reducing statelessness in situ
As noted in the Introduction, SDPs are not an appropriate solution to resolve
situations of in situ statelessness where the stateless individual (or group) is a longterm resident or was born in the country and has no substantive links to another
country.93 To reduce situations of in situ statelessness, States must endeavour to
implement measures such as restoring or granting nationality to affected individuals
or groups, revising legal frameworks to remove any discriminatory provisions or
practices that may lead to new cases of statelessness, and other targeted measures
to ensure compliance with international norms and good practice.94 To ensure that
stateless people who may have an entitlement to nationality are identified and
appropriately referred, SDPs should include a mechanism to refer people who may in
fact be stateless in situ to a procedure to confirm their nationality.95