seekers and refugees must be respected regardless of the form or location
of the statelessness determination procedure.43
67.
Resource considerations, both financial and human, will be significant in
the planning of statelessness determination procedures. Countries with
statelessness determination procedures have experienced low numbers
of applicants. The costs involved can be balanced against savings made
from freeing up other administrative mechanisms to which stateless
persons may otherwise resort, such as requests for other forms of
immigration status.
(2) Access to procedures
68.
For procedures to be fair and efficient, access to them must be ensured.
Dissemination of information, including through targeted information
campaigns where appropriate and counselling on the procedures,
facilitates access to the mechanism for stateless persons. Given that
individuals are sometimes unaware of statelessness determination
procedures or hesitant to apply for statelessness status, procedures
can usefully contain safeguards permitting State authorities to initiate a
procedure.
69.
Everyone in a State’s territory must have access to statelessness
determination procedures. There is no basis in the Convention for requiring
that applicants for statelessness determination be lawfully within a State.
Such a requirement is particularly inequitable given that lack of nationality
denies many stateless persons the very documentation that is necessary
to enter or reside in any State lawfully.
70.
There is also no basis in the Convention to set time-limits for individuals
to claim statelessness status. Such deadlines may arbitrarily exclude
individuals from receiving 1954 Convention protection.
(3) Procedural guarantees
28
71.
Statelessness determination procedures should be formalized in
law. Establishing procedures through legislation ensures fairness,
transparency and clarity. Procedural guarantees are fundamental
elements of statelessness determination procedures. The due process
guarantees that are to be integrated into administrative law procedures,
including refugee status determination procedures, are necessary in this
context. States are encouraged, therefore, to incorporate the following
safeguards:
43
For further details on coordinating refugee and statelessness determination procedures,
please see paragraphs 78-82.