THEMATIC BRIEFING | SEPTEMBER 2021
Statelessness determination and protection in Europe
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and lawyers should have the right expertise, with access to training and information.
Access to the procedure should be facilitated at the right level for the country context
(for example, centrally or locally).
Information about the procedure must be available to potential applicants in a
language they understand, and this should be widely disseminated (for example
online, through information campaigns, and/or individual counselling). There should
be cooperation between agencies that may have contact with stateless people so
potential applicants can be referred to the procedure. Safeguards in law permitting
State authorities to initiate the procedure ex officio (on their own initiative) are also
recommended.41
To prevent discrimination, application procedures should be flexible and allow for
both written and oral submissions. If required, application forms should be simplified.
Applications should be permitted in any language and/or free translation and
interpretation provided to address language barriers. There should be no time limit to
submit an application and no condition of lawful stay, as stateless migrants often lack
the documentation required to apply for entry or residence permits.42
Good practice
Most countries, including Hungary, Moldova, Spain, Bulgaria, France, Latvia,
Switzerland, Ukraine, and the United Kingdom, do not impose time limits, fees,
or lawful residence requirements on SDP applicants. Applications can be made in
writing and orally in any language in Hungary and Moldova. In Bulgaria, France,
Moldova, Spain, Ukraine, and the United Kingdom, applications are reviewed by a
centralised decision-making body, with at least some training being provided to the
authorities responsible for examining statelessness claims. In Spain, applications can
be submitted to the Asylum and Refugee Office in Madrid, as well as at police stations
and immigration offices elsewhere in the country.
Barriers to access
GOOD PRACTICE
Flexible access to the SDP in Moldova
Applications to Moldova’s SDP are assessed by the dedicated Statelessness
and Documentation Unit under the Bureau of Migration and Asylum. The
procedure can be initiated orally or in writing, by the applicant or ex officio.
Interpreters are made available if required. There is no specific application
form, but the application must contain a clear and detailed description of
relevant facts and evidence. There is no application fee, applicants are not
required to be lawfully staying in the territory, and there is no time limit to
submit an application. There is cooperation between relevant authorities and
any State authority receiving an application must refer it to the Statelessness
and Documentation Unit for examination.43
Documentation requirements
Some countries impose documentation requirements on applicants that significantly
hinder access to the SDP and protection. In Latvia, applicants must provide an
identity document and proof of inability to acquire another nationality (although there