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error in assessing the facts, the reply must be taken on face value. It is the
subjective position of the other State that is critical in determining whether
an individual is its national for the purposes of the stateless person
definition.59 Time permitting, statelessness determination authorities
may be able to raise such concerns with the foreign authority in the
hope of obtaining greater clarity about the individual’s nationality status.
Indeed, in some cases this may result in the foreign authority belatedly
acknowledging that the individual is its national or accepting that he or
she is entitled to acquire nationality.
(8) Interviews
An interview with an applicant is an important opportunity for the decisionmaker to explore any questions regarding the evidence presented. Openended questioning, conducted in a non-adversarial atmosphere, can
create a “climate of confidence”60 encouraging applicants to deliver as full
an account as possible.61 Applicants must be reminded at the outset of the
interview that they have a duty to cooperate with the proceedings. That
being said, an applicant can only be expected to reply to the best of his or
her abilities and in many cases even basic information may not be known,
for example the place of birth or whether birth was registered. While one
interview will normally be sufficient to elicit the applicant’s history, it may
sometimes be necessary to conduct follow-up interviews.
PART TWO
100.
(9) Credibility issues
101.
The credibility of an applicant’s statements will not be at issue during
statelessness determination procedures where a determination can
be reached on the basis of the available documentary evidence when
assessed in light of relevant country-related information. Where, however,
little or no documentary evidence is available, statelessness determination
authorities will need to rely to a greater degree on an applicant’s testimony
and issues relating to the credibility of the applicant’s account might arise.
In assessing whether statements can be considered credible, the decisionmaker can consider objective credibility indicators, namely, the specificity
and sufficiency of detail provided, consistency in the applicant’s account
including his or her written and oral statements, consistency of the applicant’s
statements with those of witnesses or family members, consistency with
country of origin information and the plausibility of the statements.
59
Please see paragraphs 45 and 46 which note that an error as to the application of local law
to an individual’s case is irrelevant in determining the State’s position.
60
Please see paragraph 200, Handbook and Guidelines on Procedures and Criteria for
Determining Refugee Status, note 47 above.
61
Interviewing techniques are discussed more generally in UNHCR, Interviewing Applicants
for Refugee Status, RLD 4, 1995, http://www.unhcr.org/refworld/pdfid/3ccea3304.pdf. Please
see also UNHCR, Beyond Proof, Credibility Assessment in EU Asylum Systems: Summary,
2013, http://www.refworld.org/docid/51a704244.html, page 24.
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