5.
CONCLUSIONS AND KEY ACTIONS
This briefing provides an overview of current law, policy, and practice on
statelessness determination and protection of stateless people in Europe. It explains
the rationale and importance of establishing dedicated statelessness determination
procedures (SDPs) to comply with international law and good practice. Drawing on
data from the Statelessness Index, the briefing highlights good practice examples
and challenges in different countries, as well as some of the risks that arise when
procedures and the protection available to stateless migrants and refugees fall short
of international standards.
Key action areas
There are four key areas where urgent action is needed by Governments, legislators,
and decision-makers to ensure that stateless migrants and refugees in Europe can
access the rights and protection they are due under international law and resolve
their statelessness.
Introduce fair and accessible SDPs in line with norms
and good practice
1
•
Put in place measures to ensure equal access to SDPs regardless of
residence or documentation status, language, gender, ability, age, or any
other aspect of identity or circumstances.
•
Introduce adequate procedural safeguards including the right to an
interview, shared burden of proof, standard of proof in line with asylum
procedures, access to legal aid, and statutory right to an independent
appeal.
•
Introduce specific measures to guarantee substantive equality in SDPs
for women, children, people with disabilities, and other groups at risk of
(multiple) discrimination, such as flexibility in evidential requirements,
specialist training for interviewers and interpreters, consideration of the
best interests of the child, etc.
•
Grant applicants for statelessness status a temporary right to stay as
well as the right to work, healthcare, accommodation, education, basic
social security, and protection from detention and expulsion while their
application is being processed.
Ensure that SDPs lead to a dedicated protection status
for people recognised as stateless
2
•
Grant a renewable residence permit to people determined to be stateless
that is valid for at least two years and preferably five years.