without contacting the authorities of a foreign State, refugee status
determination shall proceed.
82.
In both separate and combined procedures, in certain circumstances it
must be possible for an individual to re-activate a suspended statelessness
claim. A statelessness claim may be re-activated in the event that:
• the refugee claim fails;
• refugee status is recognised but subsequently ceases;
• refugee status is cancelled because the inclusion criteria of Article
1A(2) of the 1951 Convention were not met;48 or
• if additional evidence emerges that an individual is stateless.
Similar considerations apply to individuals with claims to both statelessness
status and a complementary form of protection.
D. ASSESSMENT OF EVIDENCE
(1) Types of evidence
83.
Statelessness determination requires a mixed assessment of fact and
law. Such cases cannot be settled through analysis of nationality laws
alone as the definition of a stateless person requires an evaluation of the
application of these laws in practice, including the extent to which judicial
decisions are respected by government officials.49 The kinds of evidence
that may be relevant can be divided into two categories: evidence relating
to the individual’s personal circumstances and evidence concerning the
laws and other circumstances in the country in question.
84.
Evidence concerning personal history helps identify which States and
nationality procedures need to be considered in determining an applicant’s
nationality status.50 In any given case, the following non-exhaustive list of
types of evidence may be pertinent:
• testimony of the applicant (e.g. written application, interview);
• response(s) from a foreign authority to an enquiry regarding nationality
status of an individual;
• identity documents (e.g. birth certificate, extract from civil register,
national identity card, voter registration document);
32
48
Please see UNHCR, Note on the Cancellation of Refugee Status, 22 November 2004,
http://www.unhcr.org/refworld/docid/41a5dfd94.html
49
This is discussed in paragraph 48 above.
50
Please see paragraph 92 below.