THEMATIC BRIEFING: October 2025
Statelessness determination and protection in Europe: good practice, challenges and risks
example, in child-rights-based or gender-based interviewing techniques) and aware of any cultural
sensitivities or relevant personal facts about the applicant, and are of the same gender as the applicant. States
should also consider that nationality laws may discriminate directly or indirectly against women and other
groups, and that legislative provisions which appear gender neutral may have a disproportionately negative
impact on the enjoyment of the right to nationality by women, girls, and people identifying as LGBTIQ+.
Some countries have introduced measures to prevent discrimination against children and people with
disabilities, but there is little or no evidence of effective measures to guarantee substantive equality for
women and other groups at risk of (multiple) disadvantage in SDPs. In relation to children, in Albania,
Bulgaria, Georgia, France, and the United Kingdom, a child applicant will only be interviewed if their legal
representative or guardian is present. In Latvia and Montenegro, the law requires consideration of the best
interests of the child and principles of equality and non-discrimination.
More broadly, in some countries, such as Ukraine, Moldova, and Hungary, the law recognises the additional
support needs of some vulnerable groups such as unaccompanied minors, people with disabilities, and
people with language, literacy, or health-related barriers, but practical measures are not always
implemented. The bylaws of Ukraine provide for the possibility of the competent authority to carry out a
home visit or visit to a medical institution to interview the applicant, and in Moldova people with disabilities
can be accompanied by a carer. In Hungary and the United Kingdom, although there are some
considerations made for children and other groups in the law or guidance for authorities, this is not always
followed in practice.
In most other countries, procedures are applied to children and other vulnerable groups without adaptation
from the general SDP, and the burden of proof remains with the applicant. With the exception of France,
Hungary and Moldova, it is unclear whether unaccompanied children are provided with a guardian or
granted legal aid.43 In some countries, such as Türkiye, there are special provisions for unaccompanied
children in international protection procedures, but these do not extend to the SDP.
Guidance for decision-makers and reliable country of origin information
For an adequate assessment of a statelessness claim, determining authorities should benefit from clear
guidance, including accurate and reliable country of origin information relating to statelessness, to assist in
establishing the material facts and circumstances.
In some countries, guidance is provided on the assessment of statelessness applications, either in law or in
additional guidelines issued for decision-makers – including in Hungary, the Netherlands, Ukraine, and the
United Kingdom. In Moldova, Spain, and Türkiye this guidance is not publicly available. Some countries
have also produced country of origin information specifically on statelessness, including France, the
Netherlands and the United Kingdom. In other countries, decision-makers rely on information produced
by NGOs, such as Asylos, and regional and international organisations, such as the EU Asylum Agency.
Remaining barriers include that in several countries, including Albania, Bulgaria, France, Georgia, Italy,
Kosovo, Latvia, and Montenegro, competent authorities lack sufficient guidance on how to assess SDP
applications. There is also a lack of comprehensive and consistent country of origin information on
statelessness, and in most countries, it is unclear to what extent decision-makers rely on the resources
published by civil society or international or regional organisations.
Errors in decision-making
Clear and standardised guidance and resources for decision-makers impacts on the quality of decisions, and
is critical to avoiding significant errors in decision-making.44
Some countries report common errors in decision-making, including in relation to admissibility criteria,
failure to examine relevant evidence, and failure to implement higher judicial decisions or case law from
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