Statelessness Determination Procedures Where an applicant does not cooperate in establishing the facts, for example by deliberately withholding information that could determine his identity, then he may fail to establish to a reasonable degree that he is stateless even if the determination authority is unable to demonstrate clear evidence of a particular nationality. The application can thus be rejected unless the evidence available nevertheless establishes statelessness to a reasonable degree. Such cases need, however, to be distinguished from instances where an applicant is unable, as opposed to unwilling, to produce supporting evidence and/or testimony about his or her personal history. 71 F Management of Combined Refugee and Statelessness Claims There is some overlap between UNHCR’s statelessness mandate and its refugee mandate because stateless refugees are protected under the provisions of the 1951 Convention Relating to the Status of Refugees (‘1951 Refugee Convention’). When refugee status ceases, individuals may remain stateless and therefore of concern to UNHCR. 72 The UNHCR Statelessness Handbook advises that when an applicant raises both a refugee and a statelessness claim, it is important that each claim is assessed and that both types of status are explicitly recognised. 73 This is because protection under the 1951 Refugee Convention generally gives rise to a greater set of rights at the national level than under the 1954 Convention. 74 Considering that sometimes there could be overlaps between refugee and statelessness claims, states may consider establishing a combined determination procedure for both refugee and statelessness determination. Below we will discuss the challenge of managing the confidentiality requirement in the asylum process in case of a combined procedure, 75 as well the challenge of setting up a combined procedure. 1 Confidentiality In SDP, contact with countries of former habitual residence may be necessary in order to obtain information on the nationality link of the applicant. The practice of contacting other states raises confidentiality concerns, especially in situations of mixed statelessness and refugee claims. At all times, the confidentiality of the asylum application should be respected. In exceptional circumstances, contact with the country of origin may be justified, but even then, the existence of the asylum application should not be disclosed, 76 unless it has definitively been concluded that the applicant does not have a wellfounded fear and is neither a refugee nor entitled to a complementary form of protection. 77 States must ensure that confidentiality requirements for refugees who 71 72 73 74 75 76 77 Handbook on Protection of Stateless Persons (n 11) 35 [93]. UNHCR Action to Address Statelessness — A Strategy Note (Report, UNHCR March 2010) 5. See Handbook on Protection of Stateless Persons (n 11) 31 [78]. ibid. ibid 27 [66]. ibid 15 [33]. The reason for nondisclosure of asylum information with an applicant’s country of origin/habitual residence is because most times, the agent of persecution is the state. For the safety of the applicant, it is necessary for asylum information not to be disclosed to unauthorised persons. ibid 36 [96]. 98