BARRIER No statutory right of appeal in the United Kingdom In the United Kingdom, applicants who are refused a residence permit on the grounds of statelessness do not have an automatic right of appeal against that decision, although they may apply for administrative and judicial reviews. Under the judicial review, applicants can only challenge the lawfulness of the decision and not the facts of the case. This significantly restricts their right of appeal, particularly considering that statelessness cases are usually complex, and the assessment of evidence is key in establishing the facts of the case. Judicial reviews are also subject to court fees, but fee waivers may be available, and fees may be covered by legal aid (with some restrictions). The courts have found errors at judicial review, including failure to examine relevant evidence and failure to follow the Home Office’s own policies. UNHCR has recommended the UK establish a full statutory appeal against a refusal under the SDP.67 High fees and short deadlines In several countries, high fees can hinder access to an appeal. In the United Kingdom, court fees are charged for judicial reviews if not covered by legal aid. The cost differs between jurisdictions ranging from the equivalent of 600 EUR to over 1000 EUR. If the applicant for judicial review loses, they may be liable for the legal costs of the Home Office, and they cannot obtain permanent residence until those are paid. In Bulgaria, the cost of an appeal increased significantly in 2019 from the equivalent of 3 EUR to 36 EUR for a court judgment and 15 EUR for a court ruling, although fee waivers are possible in certain circumstances. In Latvia, there is a court fee of 60 EUR. In Spain and Switzerland, appellants can become liable for costs if their appeal is rejected. In some countries, the deadline for applicants to submit an appeal against a negative decision to grant them statelessness status is very short, and applicants may not have sufficient time to review the decision, appoint a representative and prepare their appeal. For example, applicants in Bulgaria and Hungary must submit an appeal or judicial review within 15 days, and in Ukraine the deadline is 20 days. Access to legal aid In some countries, access to legal aid is restricted based on eligibility criteria that can impact on access to an appeal. In Switzerland, legal aid is subject to a means- and merits-based test. In Italy, access to free legal aid to appeal a refusal under the judicial procedure is based on income and applicants who do not meet the eligibility criteria are required to pay for legal representation as well as an appeal fee. In the United Kingdom, legal aid is subject to means- and merits-based tests and the provision of legal aid differs between England and Wales, Scotland, and Northern Ireland, with access being more restricted and only exceptional in England and Wales. 3.2.5. Protection during the procedure During an SDP, applicants should be considered to be ‘lawfully in’ the State for the purposes of the 1954 Convention.68 They are therefore entitled to all rights based on jurisdiction, presence in the territory and lawful stay, including access to identity