THEMATIC BRIEFING: October 2025 Statelessness determination and protection in Europe: good practice, challenges and risks In France, if refugee status is granted to a stateless person in France, they are formally granted ‘statelessrefugee’ status so there is no need to initiate a separate SDP. However, if refused asylum, the competent authority cannot activate the SDP but can inform an individual about the possibility of applying to the SDP. In other countries, although there is no formal referral mechanism, the asylum and statelessness determination procedures may be linked in law or practice if an SDP applicant applies for asylum, or if it is believed an asylum applicant may be stateless. A judicial court in Italy has also considered both claims in the same procedure.53 Where an asylum application is made, the SDP application is often suspended, and resumed if the asylum application is refused, to respect the primacy of asylum claims and protect the applicant from contact with the authorities of the country origin. However, barriers remain across Europe, as most Index countries do not have formal referral mechanisms between the asylum and statelessness determination procedures, or these are rarely applied in practice. Referral may only happen in individual cases on an ad hoc basis, or depend on the provision of information by the decision maker to the applicant if they are refused asylum. In some countries a new application must be made (e.g. Latvia and the United Kingdom), and in others, such as Türkiye, if a stateless refugee is granted international protection status they cannot simultaneously apply for statelessness status. 3.6. Protection during the procedure recommended Best practice • • • Applicants have access to Convention rights based on presence and being ‘lawfully in’ the territory (i.e., identity documents, self-employment, freedom of movement, protection against expulsion). It is recommended that applicants for statelessness status receive the same treatment as asylum-seekers. Applicants are entitled to engage in wage-earning employment and receive assistance to access basic rights (e.g., healthcare, shelter, social security). Applicants are not at risk of detention or expulsion during the SDP procedure. During an SDP, applicants should be considered to be ‘lawfully in’ the State for the purposes of the 1954 Convention.54 They are therefore entitled to all rights based on jurisdiction, presence in the territory and lawful stay, including access to identity documents, the right to engage in wage-earning employment and self-employment, access healthcare, education, shelter and social security, freedom of movement, and protection from expulsion and detention. As this is similar to the protection granted to asylum-seekers under the 1951 Convention relating to the Status of Refugees, it is recommended that applicants for statelessness status are granted the same rights as asylum-seekers. Residence rights for applicants for statelessness status vary considerably between countries, and few countries adhere to the norms on protection during the procedure. Moldova and Georgia are the only Index countries to be assessed positively in this area. Right to stay, identity documents, and protection against detention and expulsion Some countries consider applicants for statelessness status to be lawfully staying and issue a temporary certificate, travel document or identity card, protecting them from detention and expulsion (e.g. Georgia, Moldova, Montenegro). In others, an applicant’s stay is ‘tolerated’ rather than lawful (e.g. Kosovo), and in some, only those who have resided for a specific period of time in the country may acquire the right to stay during the procedure (e.g. in Albania this is only granted if the individual has resided for one year in the country). Sometimes a discretionary residence permit is granted to applicants for statelessness status, but in other countries, applicants who have no residence permit are at risk of expulsion and/or detention (e.g. Belgium, Bulgaria, France, Hungary, Spain, Switzerland, Türkiye, Ukraine, and the United Kingdom). 19