Statelessness Determination Procedures
extreme confidentiality required in asylum procedures. 127 An example is the UK,
where for confidentiality reasons, the SDP is entirely independent of the asylum
procedure. 128 The UK system allows for the asylum claim to be considered first,
and the statelessness claim to be considered only after the asylum claim has been
determined or withdrawn.
G
Prospect of Protection and Naturalisation
As discussed earlier, an SDP should lead from acquisition of certain basic rights
to a simplified naturalisation process. 129 This is not the practice in Nigeria at the
moment on the basis of its asylum procedure, even if s 17 of the NCFRMI Act in
principle allows for refugees to naturalise. The Nigerian Constitution requires that
the applicant have resided in Nigeria for at least 15 years before qualifying to apply
for naturalisation. 130 It also imposes other conditions such as that the person must
be of ‘good character’, 131 must make a ‘useful contribution’ 132 to the
advancement, progress and well-being of Nigeria, and must be ‘acceptable’ and
‘assimilated into a local community’. 133 The Nigerian Constitution does not define
character and useful contribution, leaving their definition to the discretion of the
authorities charged with applying or interpreting these terms.
These requirements do not as such violate international law. However, for
stateless persons, it is recommended for them to immediately have access to
nationality as a more durable solution for their plight. Arguably, as we advised in
Part III(G), an SDP should lead to immediate access to a facilitated or simplified
naturalisation process This is similar to the system in Brazil, where a recognised
stateless person has access to naturalisation within 30 days of the decision
recognising statelessness. 134 If Nigeria is not disposed to granting access to
naturalisation to stateless persons immediately after recognition like it is done in
Brazil, as regards temporal conditions for naturalisation, we recommend the
French practice. In France, a recognised stateless person obtains access to
naturalisation after five years, reduced to two years for foreigners, including
stateless persons who successfully complete two years of university education
with a diploma conferred by a French university or establishment of higher
education. 135 Recognised stateless persons should however have be immediately
127 As recommended by UNHCR, unless extremely necessary, contact with state authorities
128
129
130
131
132
133
134
135
should not be made. Where such contacts are made, the existence of an asylum application
should not be disclosed: ibid 31 [79], 36 [96].
Statelessness in the EU (Report, European Migration Network and INFORM 2016) 7
<https://ec.europa.eu/homeaffairs/sites/homeaffairs/files/00_inform_statelessness_final_en.pdf>.
See UNHCR Global Action Plan (n 9) 16.
See Nigerian Constitution (n 113) ss 27(2)(i)–(ii).
ibid ss 26(1)(a), 27(1)(b).
ibid s 27(1)(e).
ibid s 72(2)(d).
This person has immediate access to permanent residency. See Lei Nº 13.445, De 24 De Maio
De 2017 de Migração [Law No 13.445 of May 24, 2017, The Migration Law] art 26(7)(8)
<http://www.planalto.gov.br/ccivil_03/_ato2015-2018/2017/lei/L13445.htm>
(‘Brazil
Migration Law’).
See Civil Code (France) [tr Georges Rouhette and Anne Rouhette-Berton, The French Civil
Code
(2006)]
arts
21–17,
21–18
<https://www.legifrance.gouv.fr/content/download/1950/13681/version/3/file/Code_22.pdf>
(‘French Civil Code’).
108