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74.
It is in the interests of all parties that statelessness determination is
conducted as expeditiously as possible, subject to reasonable time being
available to gather evidence. Several countries have established time
limits within which determination authorities are to make a decision on a
statelessness application. In applications where the immediately available
evidence is clear and the statelessness claim is manifestly well-founded,
fair and efficient procedures may only require a few months to reach a
final determination.
75.
In general, it is undesirable for a first instance decision to be issued more
than six months from the submission of an application as this prolongs
the period spent by an applicant in an insecure position. However, in
exceptional circumstances it may be appropriate to allow the proceedings
to last up to 12 months to provide time for enquiries regarding the
individual’s nationality status to be pursued with another State, where it
is likely that a substantive response will be forthcoming in that period.44
76.
An effective right to appeal against a negative first instance decision is
an essential safeguard in a statelessness determination procedure. The
appeal procedure is to rest with an independent body. The applicant is to
have access to legal counsel and, where free legal assistance is available,
it is to be offered to applicants without financial means.
77.
Appeals must be possible on both points of fact and law as the possibility
exists that there may have been an incorrect assessment of the evidence
at first instance level. Whether an appellate body can substitute its own
judgment on eligibility under the 1954 Convention or whether it can
merely quash the first instance decision and send the matter back for
reconsideration by the determination authority is at the discretion of the
State. The choice will tend to reflect the general approach to such matters
in its legal/administrative system. In addition, States may permit a further
judicial review, which addresses questions of law only, and may be limited
by the procedural rules of the judicial system concerned.
44
This highlights the importance of applicants receiving an appropriate standard of treatment
during the determination process. Please see, further, Part Three below.