Furthermore, some countries will not grant statelessness status to applicants who already have a pending
removal order (e.g. Spain and Hungary).
Access to social and economic rights
Few countries grant socio-economic rights to applicants for statelessness status who do not have a residence
permit on another basis. Some form of very basic welfare or healthcare assistance may be available, but this
is often restricted. In some countries, applicants have the right to work (e.g. Moldova, Georgia, and
Ukraine), but this may be restricted by additional requirements to obtain special permission (such as in
Ukraine) or may not entitle them to any social assistance or pension (e.g. Georgia). Access to basic
emergency healthcare is provided in most countries (e.g. in Georgia, France, the UK, and Switzerland), but
access to other medical treatments or other rights is limited. In several countries applicants do not have the
right to work, and in Kosovo and Bulgaria, for example, applicants have no economic or social rights at all.
Good practice: Protection for stateless applicants in Moldova
In Moldova, applicants for statelessness status are considered to be lawfully staying in
the country, will not be detained after submitting an application, and cannot be
expelled during the assessment. They are informed of their rights in writing in a
language they understand (with access to interpreters if necessary) and are issued with
a temporary identity document, the right to work, and to housing (although in practice
social housing is rarely available). Applicants in employment have access to social
security entitlements. An individual may apply for statelessness status whilst detained in
immigration detention, in which case the authorities may carry out the assessment in
detention, but will release them if statelessness is recognised or the time limit for
detention expires.
3.7. Appeal rights
recommended Best practice
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There is an effective right of appeal to an independent body against first instance decisions.
Applicants have access to (free where available) legal aid and access to legal counsel.
There should be an effective right of appeal to an independent body against a negative first instance decision
refusing statelessness status or recognition. Applicants should have access to free legal aid and to legal
counsel for the appeal. The appeal procedure should be free of charge or, where there are fees, these should
be covered by legal aid for applicants who lack financial means.
There is a right of appeal to an independent body in all countries with a procedure to determine
statelessness, except the United Kingdom, where applicants can only request a review of the lawfulness of
the decision but not the facts of the case. In Belgium and the Netherlands, the right of appeal is limited and
depends on whether the applicant is appealing an administrative or a judicial decision. There is good
practice, for example in Moldova, where the right of appeal is automatic, there are no fees and free legal aid
is provided.
Some countries impose court fees, and fee waivers are not always available for applicants for statelessness
status. In Albania, Montenegro and Switzerland, court fees can be waived if the applicant meets certain
eligibility requirements (usually based on income). In others, however, high fees can hinder access to an
appeal (e.g. in Albania, Belgium, Bulgaria, Georgia, Latvia, Ukraine, and the United Kingdom). Fee