Without specific procedures to identify stateless persons, it is impossible to determine
how many cases of statelessness remain unidentified, and it is thus impossible to
determine the exact magnitude of the problem.
What kind of evidence is required?
It is generally up to the applicant to provide documentation from the embassy or consular
offices of his/her “country of origin” – the country of birth or a country that issued a prior
travel document – confirming that the individual is not a national. As described earlier, this
may not always be possible. If complete documentation is unavailable, some States may
accept other elements of proof, such as reviews of relevant nationality laws and declarations
made by witnesses and other third parties. The search for information may require a
collaborative approach among various departments and ministries within a government
and among other States.
At the time of writing, there is no harmonized approach to identifying stateless persons
among States. Since the criteria for establishing proof of statelessness may vary from
State to State, an individual who might be recognized as stateless in one country might
not be so recognized in other countries.
In 2005, UNHCR issued a Report on the Implementation of the 1954
Convention within the European Union Member States. The study found
that most EU States had not yet established specific mechanisms to
identify and recognize stateless persons; instead, asylum procedures
were generally used for this task. As a result, it is impossible to determine
the magnitude of the problem of statelessness within the European Union.
However, in producing the report, UNHCR highlighted best practices
at the national level which could be used to harmonize identification
and recognition procedures among the States of the European Union
and to guide States that have already ratified the 1954 Convention.
Who should decide if an individual is stateless?
Qualified personnel who are specialized in the field of statelessness and who can impartially
and objectively examine the application and evidence supporting it should be designated
to make determinations of statelessness. A central authority responsible for such
determinations would reduce the risk of inconsistent decisions, would be more effective in
obtaining and disseminating information on countries-of-origin, and would, by its focused
work, be better able to develop its expertise in matters related to statelessness. The
determination of statelessness status requires the collection and analysis of laws, regulations,
and the practices of other States. Even without a central authority, decision–makers
benefit from collaborating with colleagues knowledgeable about nationality legislation
and the issue of statelessness both within the government and in other States.
How do individuals gain access to the procedure?
The 1954 Convention doesn’t oblige States to grant a legal stay to an individual while
his/her request for recognition as a stateless person is being assessed. However, once
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