(3) Where protection is available in another State
153.
Where an individual recognised as stateless has a realistic prospect, in
the near future, of obtaining protection consistent with the standards of
the 1954 Convention in another State, the host State has discretion to
provide a status that is more transitional in nature than that described
in paragraphs 148-152 above. Separate considerations apply for those
who voluntarily renounce their nationality as a matter of convenience or
choice.100
154.
In these cases, care must be taken to ensure that the criteria for determining
whether an individual has a realistic prospect of obtaining protection
elsewhere are narrowly construed.101 In UNHCR’s view protection can only
be considered available in another country when a stateless person:
• is able to acquire or reacquire nationality through a simple, rapid, and
non-discretionary procedure, which is a mere formality; or
• enjoys permanent residence status in a country of previous habitual
residence to which immediate return is possible.
54
155.
With respect to acquisition or reacquisition of nationality, individuals
must be able to avail themselves of a procedure that is easily accessible,
both physically and financially, as well as one that is simple in terms of
procedural steps and evidentiary requirements. Moreover, the acquisition/
reacquisition procedure must be swift and the outcome guaranteed
because it is non-discretionary where prescribed requirements are met.102
156.
By contrast, other procedures for acquisition of nationality may not
present a sufficiently reliable prospect of obtaining protection elsewhere
and would therefore not justify providing merely a transitional status to
stateless persons. For example, it would not suffice that the individual
has access to naturalization procedures which, as a general rule, leave
discretion in the hands of officials and have no guaranteed outcome.
Similarly, procedures with vague requirements for the acquisition of
nationality or those that would oblige an individual to be physically present
in a country of former nationality where legal entry and residence are not
guaranteed would also not suffice.
100
Please see further paragraphs 161-162 below.
101
Moreover, safeguards are necessary to prevent the individual being left without a legal
status anywhere and to ensure that any special circumstances justifying a residence permit
are properly examined.
102
An example would be a procedure through which former nationals can reacquire their
nationality by simply signing a declaration at the nearest consular authority following
production of their birth certificate or cancelled/expired passport, where the competent
authority is then obliged to restore nationality. Similar procedures may also involve
registration or the exercise of the right of option to acquire nationality.