lead to a dedicated protection status, including a residence permit, access to economic,
social, civil, and political rights, the right to administrative assistance, exemption from
requirements stateless people cannot meet because they are stateless, and other rights
protected by the 1954 Convention. States should also establish a facilitated route to
naturalisation so stateless people can acquire a nationality and resolve their
statelessness.20
Identification of stateless people and statelessness determination
15. Germany lacks a dedicated procedure to identify and determine statelessness to
facilitate timely access to protection. Statelessness remains an incidental issue
addressed through other administrative and related judicial procedures, including
requesting travel documents, applications or extensions of residence permits (such as
family reunification or study), or if born stateless in Germany. However, statelessness
may also be determined as part of an application for international protection under the
responsibility of the Federal Office for Migration and Refugees (‘Bundesamtes für
Migration und Flüchtlinge’, BAMF) or, if international protection is refused, under the
responsibility of the local foreign office (‘Ausländerbehörde’). The local foreign office
may issue a ‘tolerated stay’, a form of lawful stay with exceptional leave to remain in
Germany as long as the individual cannot be removed, but the obligation to leave still
exists. None of these procedures have the objective of determining statelessness.
16. Due to the shortcomings in the procedures available to determine statelessness (see
below) and a tendency not to recognise statelessness, applicants are often assumed to
have a nationality which they are unable or unwilling to confirm.21 People whose
statelessness has not been officially determined are often categorised as having
‘unclear’ nationality, which prevents them from accessing the protection they are
entitled to under the 1954 Convention.22
17. Stateless people face challenges in accessing procedures to regularise their status.
Indeed, there is no obligation for the authorities in German law to consider a claim of
statelessness.23 While instructions are provided on how to apply for a travel document
under the 1954 Convention at the local level, there is no accessible nor ‘easy-read’ public
information on the specific steps stateless people should take to regularise their status
through other procedures. The available information relates mostly to asylum
procedures.24 Lack of access to information also includes the type of documents
accepted by government bodies to establish people’s identity and statelessness. Both
the lack of awareness of relevant procedures and accessible, ‘easy-read’ information
20
Statelessness Index, Statelessness Determination and Protection in Europe: Good Practice, Challenges, and Risks, 2021:
https://index.statelessness.eu/sites/default/files/ENS-Statelessness_determination_and_protection_in_EuropeSep_2021_0.pdf.
21
See e.g. VG Gelsenkirchen, Urteil vom 23.09.2019 - 17 K 950/18 [Administrative Court of Gelsenkirchen, judgment of 23
September 2019 - 17 K 950/18]; OVG Nordrhein-Westfalen, Beschluss vom 21.10.2021 – 17 A 4237/19 [Higher Administrative
Court for the Land North Rhine-Westphalia, decision of 21 October 2021 – 17 A 4237/19].
22 See, e.g., Statefree, My plight while moving with hope and the mindset of a winner, News and Updates, 27 September 2022,
available at: https://community.statefree.world/news-updates-2/my-plight-while-moving-with-hope-and-the-mindset-of-awinnet-192; Rebecca Sawicki, "Abnormität, die nicht ins System passt": Wie eine Organisation für Staatenlose kämpft, 21
December 2022, available at: https://politik.watson.de/deutschland/interview/702626744-einbuergerung-wie-eineorganisation-fuer-staatenlose-kaempft.
23 See, e.g., Statefree, Citizens' Office does not want to recognize my statelessness, Statefree Community Forum, 24 December
2021, available at: https://community.statefree.world/stories-experiences-7/citizens-office-does-not-want-to-recognize-mystatelessness-132.
24 Christiana Bukalo, Knowledge to Empower: Closing the Gap between Stateless People and Statelessness Research, December
2020, available at: https://law.unimelb.edu.au/centres/statelessness/resources/critical-statelessness-studies-blog/knowledgeto-empower-closing-the-gap-between-stateless-people-and-statelessness-research.
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