THEMATIC BRIEFING | SEPTEMBER 2021 Statelessness determination and protection in Europe 19 Lack of quality assurance Generally, there is a lack of quality assurance mechanisms in SDPs, and the role of UNHCR in procedures is often limited. In Switzerland, there is no quality assurance mechanism and UNHCR does not participate or have access to applicants’ files. In France, although UNHCR carries out quality assurance audits of the work of the competent authority responsible for both asylum and statelessness decisions, these audits do not include SDP decisions. BARRIER Lack of procedural safeguards in Spain Several procedural safeguards are lacking in the Spanish SDP. Spanish law does not provide for free legal aid for statelessness applications unless applicants are (exceptionally) admitted to asylum reception centres where they may access legal assistance. SDP applicants do not have the right to an interview and decision-makers rarely consider an interview to be essential. There is a three-month time limit for decisions, but this is rarely complied with. It is unclear if quality assurance audits are undertaken. UNHCR does not have a designated role in the SDP, although they may request access to files and monitor cases at the request of applicants. There is no referral mechanism between asylum and statelessness procedures. If asylum is refused, the competent authority can initiate the SDP ex officio, but this rarely happens in practice.66 3.2.4. Appeal rights There should be an effective right of appeal to an independent body against a negative first instance decision in an SDP. Applicants should have access to free legal aid and to legal counsel for the appeal. The appeal procedure should be free of charge or, where there are fees, these should be covered by legal aid for applicants who lack financial means. Good practice There is a right of appeal to an independent body in all countries with an SDP, except for the United Kingdom. In general, legal aid is available for appeals, but this may depend on financial and other eligibility criteria. In Moldova, the right of appeal is automatic, there are no fees and free legal aid is provided. In Ukraine, applicants have the right to appeal to the administrative court within 20 days of receiving a written refusal and free legal aid is available, although there is a court fee. In some countries, including Switzerland, court fees can be waived if the applicant meets certain eligibility requirements (usually based on income). Barriers Lack of an automatic right of appeal There is no automatic right of appeal to an independent body in the United Kingdom. Applicants refused under the SDP may request an administrative review by the competent authority, or a judicial review.