Existing Statelessness determination procedure
Specialized Sections for International Protection, Migration and Statelessness of the
Civil Courts. The purpose was to enhance the specialization of judges hearing such
matters, as previously migration, international protection and statelessness cases were
all dealt with by civil judges who were not specialized in those areas.
Efficient referral mechanisms should be established, while officials who may be in
contact with stateless persons need to be trained to identify potential applicants for
statelessness status and refer them to appropriate channels. The practice in Hungary
provides an example. Training sessions for officials take place on a regular basis,
allowing for an exchange of information and discussion of trends and common
challenges.
2. Access to procedures
For procedures to be fair and efficient, and to ensure that all stateless persons benefit
from the implementation of the 1954 Convention, access to the SDP must be
guaranteed and not subject to time limits.21 Information on the procedure and
counselling services must be available to potential applicants in a language they
understand.
The ability to submit both written and oral applications is provided for in the SDPs in
Argentina, Costa Rica, Ecuador, Hungary, Moldova, Panama, Paraguay and Uruguay.
Further promoting accessibility, in Argentina, Costa Rica, Panama, Paraguay and
Uruguay applications can be made through a legal representative. In Panama,
applications can also be made through a UNHCR representative or NGO. In Latvia,
applicants receive assistance from the competent authority when filling out the
application form.
As many individuals are not aware that they might be stateless, it is recommended that
governmental authorities be authorized to initiate these procedures ex officio when
approached by individuals who present as potentially stateless, especially
unaccompanied children. The legislation establishing the procedure in Ecuador,
Moldova, Panama, Spain and Hungary foresees such an ex officio initiation of the
21
None of the SDPs established impose time limits until which persons can no longer apply for statelessness status
U N H C R > G P P AC T I O N 6 : E S TA B L I S H I N G S TAT E L E S S N E S S D E T E R M I N AT I O N P R O C E D U R E S
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