importance of considering a broad range of legal and factual evidence which the applicant
might be able to provide, including the testimony of the applicant, marriage certificate,
military service record, school certificates, medical certificates, identity and travel documents
of direct relatives, and record of sworn oral testimony of neighbours and community
members. The standard of proof must take into account the inherent challenges in proving
statelessness and therefore statelessness should be established to a “reasonable degree”, and
the burden of proof is to be shared between the state and the individual, as the state may be
better equipped for conducting necessary investigations.(see paras. 83-93)
26. In order to be effective, statelessness determination procedures need also to comply with
procedural standards of a more general character, rooted in the principles of good
governance, rule of law and protection of human rights. These include easy linguistic and
practical accessibility of the procedure for the target population, as well as its fairness,
transparency and clarity. In relation to making the procedure practically accessible, UNHCR
sets standards for the minimum protection for applicants awaiting the determination of their
statelessness,31 and urges states to avoid arbitrary detentions, and to safeguard the best
interests of the child in the course of such procedures.32 UNHCR also emphasizes that the
decisions on statelessness determination should be reasoned, should not take too much time,
and that there should be a possibility to appeal against an unfavourable first instance decision.
31
Individuals awaiting the determination of their statelessness status are entitled to a set of rights on the basis of the 1954
Conventions, among which are the right to property, access to courts, rationing, public education, administrative
assistance, freedom of religion, the right to identity papers, the right to engage in self-employment, freedom of movement
within a state and protection from expulsion. It is also recommended to grant such individuals the right to engage in wageearning employment. See UNHCR Handbook on the Protection of Stateless Persons (Geneva 2014), paras. 147-152.
32 UNHCR Handbook on the Protection of Stateless Persons (Geneva 2014), paras 68-70, 71, 112-115, 119.
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