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PART TWO: PROCEDURES
FOR THE DETERMINATION
OF STATELESSNESS
A. GENERAL
(1) Overview
Government officials might encounter the question of whether a person is
stateless in a range of contexts, reflecting the critical role that nationality
plays in everyday life. For example, consideration of nationality status is
relevant when individuals apply for passports or identity documents, seek
legal residence or employment in the public sector, want to exercise their
voting rights, perform military service, or attempt to access government
services. The issue of nationality and statelessness may arise when an
individual’s right to be in a country is challenged in removal procedures.
In refugee status determination, nationality is often key to identifying the
country (or countries) in relation to which an individual’s allegations of a
well-founded fear of persecution should be assessed. An assessment of
statelessness will be necessary where an individual seeks the application
of the safeguards set out in the 1961 Convention. These examples illustrate
that determination of statelessness is necessary in a range of judicial and
administrative procedures. This Handbook is concerned, though, with
procedures that are aimed specifically, if not exclusively, at determining
whether an individual is stateless.
PART TWO
57.
(2) Determination of statelessness and the right to a nationality
58.
Statelessness determination procedures generally assist States in meeting
their commitments under the 1954 Convention. Their use, however,
may not be appropriate in relation to certain stateless populations.
Statelessness can arise both in a migratory and non-migratory context
and the profile of statelessness in a particular country may fit one or the
other scenario or might be mixed. Some stateless populations in a nonmigratory context remain in their “own country” and may be referred to
as in situ populations.41 For these groups, determination procedures for
the purpose of obtaining status as stateless persons are not appropriate
41
The phrase “own country” is taken from Article 12(4) of the International Covenant on Civil
and Political Rights (ICCPR) and its interpretation by the UN Human Rights Committee.
25