Annex I
Brazil: Chapter III, section 2 of the New Law on Migration, No. 13.445; Chapter V, Art 96(8) of
Decree No. 9.199, November 2017; Ministerial Ordinance, No. 5
Legal Basis/Determining Authority
Ministro de Estado da Justiça e Segurança Pública
(Minister of State for Justice and Public Security).
Unrelated to the asylum authority. However the procedure
proceeds after consultation with the National Committee
for Refugees (CONARE).
Where an applicant for stateless status also applies for
refugee status, CONARE can give a non-binding opinion
on statelessness status.
Conditions for access
Submission in writing/orally
Centralized/decentralized
Applicant must submit proof of address in Brazil or
declaration on current location of housing.
Submissions to be made in writing using the application
form.
Centralized.
Suspensive effect of removal order
Suspensive effect of removal order on grounds of irregular
entry during procedure and appeal procedure.
Right to stay during the procedure
Temporary residence permit is issued to applicant giving
right to stay until final decision.
Interview
Yes, mandatory.
Legal aid
Yes.
Burden of proof
Shared.
Right to appeal
Yes.
Facilitated naturalization
Yes.
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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