even where the applicant has already approached those same authorities for assistance on nationality matters.40
C) Factors to consider when designing a national system
Is the authority (that will be) responsible for statelessness determination the same as the one determining
refugee status?
If yes, establishing a procedural framework that allows for the joint determination of refugee status
(complementary forms of protection) and statelessness should be considered.
Is the authority (that will be) responsible for statelessness determination different from the one determining
refugee status?
If yes, the state should ensure that if both proceedings take place in parallel, refugee status
determination is given preference and statelessness determination is only conducted once a decision
on refugee status (and complementary forms of protection if relevant) is taken. The only exception
from this rule may the case where it is possible to establish statelessness without contacting the
authorities of the country of origin.
The regulation should also guarantee that proper cross-referral systems exist for cases where the two
determination procedures are not conducted in a joint framework (regardless of the fact whether joint
processing is allowed or not). For example, potentially stateless persons whose asylum claim has been
rejected are properly informed about the possibility to claim stateless status.
40 Applications for leave to remain as a stateless person – Guidance, UK Border Agency, 1 May 2013,Para 3.3
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