Statelessness & Citizenship Review
2020
2(1)
might also be stateless are upheld in statelessness determination procedures.
‘Every applicant in [an SDP] is to be informed at the outset of the need to raise
refugee-related concerns, should they exist’. 78
If there is insufficient information to conclude that an individual is stateless
without contacting the authorities of a foreign state, refugee status determination
(‘RSD’) shall proceed; 79 in such instance, RSD will be preferred.
2
Setting up a Combined Determination Procedure
More often than not, it is likely to be a major challenge to set up combined RSD
and SDP systems. This will especially be the case where the systems are
centralised (eg in the capital) and the case officers who conduct RSD are the same
officers who work on SDP. Having the same case officers work on both procedures
may lead to a conflation of asylum criteria, procedures and standards in
statelessness procedures. To avoid mix-up of approach, it is more beneficial to
have designated officials who work on asylum procedures separate from those
who work on SDP. This will also help officials develop proficiency and expertise
in their respective areas of specialisation.
For a combined refugee and statelessness claim, case officers from both units
can come together to work on the application. Asylum case officers can work to
ensure the confidentiality requirement is respected, while SDP case officers work
on the nature and facts of the statelessness claim, the nationality law and its
application in the applicant’s former country of habitual residence, including the
applicant’s link to any other state.
G
Prospect for Protection and Naturalisation
Where a decision recognising statelessness is made through an SDP, such a status
should immediately entitle a stateless person to a permanent residence permit,
labour and social security rights, access to basic and essential services, travel
documents etc. 80 In some states with a determination procedure, a positive
decision or recognition of statelessness does not necessarily lead to a legal status
that permits residence and enjoyment of basic human rights, nor does it necessarily
facilitate naturalisation. 81 It is recalled in this respect that nationality provides
people with a sense of identity and is key to full participation in society. 82
Therefore, recognition as a stateless person should not be used as a substitute for
nationality, especially where such recognition of status will not guarantee any
legal right.
An SDP should lead from acquisition of certain basic rights to a simplified
naturalisation process (which, as much as possible, should be without conditions).
In order words, states should establish procedures that lead to a legal status that
78
79
80
81
82
ibid 31 [79].
ibid 31–32 [81].
See 1954 Convention (n 13) arts 15, 17, 19, 21, 23, 24, 28; Statelessness Handbook (n 11)
49–53 [136], [137], [150].
See UNHCR Global Action Plan (n 9) 16.
Preventing and Reducing Statelessness — The 1961 Convention on the Reduction of
Statelessness (Appeal, UNHCR September 2010) 2.
99