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• information on eligibility criteria, the determination procedure and
the rights associated with recognition of statelessness is widely
disseminated by the authorities in a range of languages; counseling
regarding the procedures is provided to all applicants in a language
they understand;
• there is a right to an interview with a decision-making official;
• applications are submitted in writing and assistance with this is
provided if necessary;
• assistance is available for translation/interpretation in respect of
written applications and interviews;
• it is the right of every member of a family to make an independent
application;
• an adult may make an application on behalf of a dependent child and
PART TWO
special procedural guarantees for unaccompanied children are also
available;
• a child has the right to be heard where he or she has the capacity to
form and express a view;
• applicants are to have access to legal counsel; where free legal
assistance is available, it is to be offered to applicants without financial
means;
• determinations are made on the individual merits of the claim with
reference to country information regarding nationality law and practice
in the relevant States, including information pertaining to the law and
practice during periods in the past which are of relevance to the case
under examination;
• if the determination is made in a judicial setting, the process is
inquisitorial rather than adversarial;
• decisions are made in writing with reasons;
• decisions are made and communicated within a reasonable time;
• there is a right of appeal; and
• access to UNHCR is guaranteed.
72.
To ensure that procedures are fair and effective, States are to refrain from
removing an individual from their territory pending the outcome of the
determination process.
73.
The right to an individual interview, and necessary assistance with
translation/interpretation throughout the process, are essential to ensure
that applicants have the opportunity to present their cases fully and
to provide and clarify information that is material to the claim. These
procedural guarantees also permit the decision-maker to explore any
ambiguities in an individual case.
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