agencies, and in many, the SDP cannot be initiated ex officio by the authorities. Furthermore, there is no
evidence of routine referrals to SDPs from immigration detention. In Ukraine and the United Kingdom, a
lack of coordination and cooperation between government agencies coming into contact with stateless
people has been raised as a concern.
Good practice: Flexible access to the SDP in KOSOVO
In Kosovo, the examination of applications is conducted centrally by the Division of
Citizenship under the Department for Citizenship, Asylum and Migration of the Ministry
of Internal Affairs. Instructions on how to make an application are available online.
Applications can be made orally or in writing through a simple form. The form and
interpreting are available in three languages. Applicants must submit all available
evidence, although authorities often request documents from other institutions on their
own initiative to complete the application. There is an obligation on the authorities to
consider applications, and they may initiate the procedure ex officio (although this
option has never been used). There is no fee, lawful stay requirement, nor time limit to
access the procedure. There is cooperation between the competent authority, UNHCR,
and civil society to refer cases for statelessness determination.
3.4. Assessment of applications
recommended Best practice
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The burden of proof is shared between applicant and examiner, taking into consideration the
difficulties inherent in proving statelessness.
The standard of proof is the same as in asylum procedures (‘reasonable degree of likelihood’), in
keeping with the humanitarian objective and inherent difficulties of proving statelessness in the
likely absence of documentary evidence.
Measures are in place to guarantee substantive equality for women, children, LGBTIQ+ people,
and other groups at risk of discrimination in procedures. State follows the principle of pursuing
the best interests of the child.
Clear guidance is available to determining authorities, including accurate and reliable country of
origin information relating to statelessness.
There is no evidence of significant errors in decision-making.
The assessment of SDP applications must be fair and non-discriminatory. This means ensuring fair evidentiary
requirements, implementing measures to prevent discrimination against disadvantaged groups, and
providing clear guidance, including accurate and reliable country of origin information relating to
statelessness, to support high-quality decision-making.
As statelessness determination requires a mixed assessment of fact and law, all available evidence should be
considered, including about the applicant’s personal history, the nationality laws of relevant countries, and
their implementation in practice.32 Evidence can be both oral or written and could include testimonies from
the applicant or members of the community, responses from foreign authorities about the nationality status
of the applicant, country of origin information, information provided by UNHCR, identity and travel
documents (even if expired), documents relating to nationality applications, school and medical certificates,
or identity documents from family members.33 Enquiries should be limited to States with which the applicant
has a relevant link, especially through birth on the territory, descent, marriage, adoption, or habitual
residence.34 States must take into account the primacy of any asylum claim and should never contact the