102 - 110
fact, the decision-maker should consider whether it is appropriate to apply
the principle of the benefit of the doubt.62
107.
Even where material elements of the applicant’s statements are found to
lack credibility, this does not preclude a determination of statelessness.
An individual’s testimony must still be evaluated in the light of all other
evidence, such as that relating to the countries concerned, which may still
support a finding of statelessness.63
E. ADDITIONAL PROCEDURAL
CONSIDERATIONS
108.
Given the nature of statelessness, individualized procedures are the
norm as these allow for the exploration of the applicant’s personal
circumstances. Countries that have adopted statelessness determination
procedures thus far have followed this approach. Most of them are parties
to the 1954 Convention and are assessing nationality/statelessness in
relation to individuals present in a migratory context.
109.
It is possible, however, to grant stateless person status to individuals
within a group on a prima facie basis,64 that is, without undertaking a full
individual status determination. This could be appropriate where there
is readily apparent, objective information about the lack of nationality of
members of a group such that they would prima facie meet the stateless
person definition in Article 1(1) of the 1954 Convention. In the absence
of contrary evidence, an individual’s eligibility for protection under the
Convention would therefore be based on whether he or she is a member
of an identified group that satisfies the Article 1(1) definition.
110.
Prima facie recognition is not a subsidiary category or lesser status, but
rather reflects an efficient evidentiary assessment leading to recognition
under the 1954 Convention. As stateless persons, they benefit from the
rights attached to that status until such status ends. As with individual
determination mechanisms, there must be an effective legal remedy for
62
Please see, in a different context, discussion of the principle of benefit of the doubt in
Beyond Proof, Credibility Assessment in EU Asylum Systems: Summary, note 61 above, in
particular at page 44.
63
A similar approach applies in determination of refugee status. Please see paragraph 42 of
Handbook and Guidelines on Procedures and Criteria for Determining Refugee Status, note
47 above. Given the nature of the statelessness definition, credibility issues are less likely to
prevent a finding of statelessness than they are in a determination of refugee status.
64
The prima facie technique is used in refugee status determination, usually in a group
context. But it has also been applied in individual determinations.
PART TWO
(1) Group determination
39