59 - 66
B. ESTABLISHING DETERMINATION
PROCEDURES
62.
States have broad discretion in the design and operation of statelessness
determination procedures as the 1954 Convention is silent on such matters.
Local factors, such as the estimated size and diversity of the stateless
population, as well as the complexity of the legal and evidentiary issues
to be examined, will influence the approach taken. For such procedures
to be effective, though, the determination of statelessness must be a
specific objective of the mechanism in question, though not necessarily
the only one.
63.
Current State practice is varied with respect to the location of statelessness
determination procedures within national administrative structures,
reflecting country-specific considerations. States may choose between
a centralized procedure or one that is conducted by local authorities.
Centralized procedures are preferable as they are more likely to
develop the necessary expertise among the officials undertaking status
determination. Ensuring easy access for applicants located in different
parts of a country can be facilitated through various measures: for example,
permitting written applications to be submitted to local offices for onward
transmission to the central determination body, which can coordinate
and guide the appropriate examination of relevant facts at the local level,
including the personal interview with the applicant.
64.
Establishing whether a person is stateless can be complex and
challenging but it is in the interests of both States and stateless persons
that determination procedures be as simple, fair and efficient as possible.
To this end, some States might consider adapting existing administrative
procedures to include statelessness determination. Factors to consider
include administrative capacity, existing expertise on statelessness
matters, as well as expected size and profile of the stateless population.
In any combined procedure it is essential that the definition of a stateless
person is clearly understood and properly applied and that procedural
safeguards and evidentiary standards are respected.
65.
Some States might elect to integrate statelessness determination
procedures within the competence of immigration authorities. Other States
may place statelessness determination within the body responsible for
nationality issues, for example naturalization applications or verification
of nationality requests. This would be particularly appropriate where the
individuals concerned are likely to be longstanding residents of the State.
66.
As some stateless persons may also be refugees, States may consider
combining statelessness and refugee determination in the same
procedure. Confidentiality requirements for applications by asylum-
PART TWO
(1) Design and location of determination procedures
27