Stateless Persons Convention does not elaborate a procedure for identifying who is
stateless, or how that is to be proven. Since the Convention does not provide for a
supranational body to pass upon the eligibility of a person as a “stateless person,” the
determination must ordinarily be made by the authorities of the country where the
person resides. In that event, without actual provisions in the Convention, each state
should establish appropriate procedures for determining statelessness in accordance
with the general obligations of the Convention.
Practical application of these procedures varies among states, with some adopting
legislation that designates specific government agencies and procedures to examine and
adjudicate claims of statelessness. 52 However, most countries, including those in
Europe, have no specific procedure in place. Stateless persons may be obliged to
channel their application through the asylum regime simply because there is no other
procedure available to them. In reality, stateless persons are processed within a
framework that includes humanitarian or subsidiary protection.53
To prove statelessness, the applicant would be asked to present documents that indicate
her/his status, similar to the screening process for refugees.54 Stateless persons are not
considered a national by any State. Therefore, in theory, it may follow that a stateless
person is obliged to prove that s/he has no legal bond with any country. However, to
require proof that the individual lacks the nationality of states with which s/he has no
close relationship goes beyond what can be reasonably expected from an individual. As
a result, requirements of proof should be limited to the countries of (former) habitual
residence, birth, nationality of the parents or another country with which the person has
close ties. For this purpose, documentation from the embassy or consular office of
her/his country of origin or habitual residence confirming that the individual is not a
national generally provide conclusive evidence.55 However, the relevant authorities of
the country of origin or country of habitual residence may refuse to issue certified
documents stating the person is not a national, or they may simply not reply to inquiries.
52
In France, the Office for the Protection of Refugees and Stateless Persons conducts the procedure for
recognizing stateless status. In Spain, the Aliens Law provides that the Ministry of Interior recognize the
status of statelessness, as is also the case in Italy. Nationality and Statelessness: A Handbook for
Parliamentarians, supra note 12, p.19.
53
Id., pp.19, 20.
54
See Id., pp.17-18, 20; Robinson supra note 9, Article 1, para.4; Batchelor, supra note 3, pp.174-75.
55
In Japan, the Director-General of the Civil Affairs Bureau of the Ministry of Justice issues a certificate
of nationality, including a certificate that the person in question does not posses Japanese nationality.
(Kidana, supra note 3, p.64). For the present, this is the official document that certifies a person residing
in Japan does not have Japanese nationality.
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