THEMATIC BRIEFING | SEPTEMBER 2021 Statelessness determination and protection in Europe 17 In Ukraine, there is no referral mechanism from refugee status determination procedures to the SDP, but there is a mechanism to refer an applicant for statelessness status to the asylum procedure if grounds for asylum are identified during the SDP. There is also a mechanism to refer to a procedure to determine Ukrainian nationality if a possible entitlement emerges during the SDP. In Bulgaria and Moldova, there is no formal referral mechanism, but the asylum and SDP procedures are linked in law to protect stateless applicants from contact with the authorities of the country of origin if an asylum procedure is initiated. This is also the case in France, where the law establishes the primacy of asylum claims. If refugee status is granted to a stateless person in France, they are formally granted ‘stateless-refugee’ status so there is no need to initiate a separate SDP. However, if refused asylum, the SDP is not automatically initiated even if there are indications that the person could be stateless (although the authorities should inform the person about the possibility of applying to the SDP). In Bulgaria, Hungary, Moldova, and the United Kingdom, UNHCR has a role in the procedure. In the United Kingdom, an internal quality assurance system requires at least one decision per examiner to be reviewed each month and UNHCR has recently undertaken and published a detailed audit of the SDP.61 GOOD PRACTICE Procedural safeguards in Hungary In Hungary, free legal aid is available to all SDP applicants with no need to meet financial eligibility requirements. Legal representatives can be present and comment in interviews, which are mandatory in all cases. Interviews are conducted with interpreters provided by the State if required. Documents can be submitted in any language and there is no requirement for a certified translation. Decisions must be given in writing with reasons within 45 days unless there is a delay on the part of a foreign authority (although in practice there can be significant delays). Quality assurance audits are conducted annually in cooperation with UNHCR.62 Barriers Lack of access to legal aid Access to legal aid varies greatly between countries with SDPs. Some offer no legal aid at all for an SDP application, while others make it subject to a strict eligibility test. In Spain, SDP applicants are not generally eligible for legal aid but may be able to access legal assistance if they are admitted to an asylum reception centre. In parts of the United Kingdom (England and Wales), SDP applicants only qualify for legal aid if they are unaccompanied minors or victims of trafficking or qualify for Exceptional Cases Funding.63 In Italy and Latvia, legal aid is deemed unnecessary for administrative procedures. In Bulgaria, legal assistance is provided by NGOs, but access is hindered by language barriers, lack of awareness, and cumbersome procedures. In Switzerland and Italy (judicial procedure), legal aid is only available to those who meet low-income requirements, and in Switzerland, the applicant must additionally show they have some prospect of success.