example an application for residence, international protection or naturalisation). 19
However, there is no dedicated stateless protection status and no obligation in law to
consider a claim of statelessness, nor clear instructions, guidance or training for officials
conducting the assessment.20 Further, in these other procedures, the burden of proof is
on the applicant,21 the standard of proof is very high22 and legal aid is only available for
judicial review.23 Research also shows that people claiming to be stateless will face the
presumption of having another citizenship or being able to apply for one in another
country and the public official will refer them to embassies of other countries rather than
considering their statelessness as a relevant circumstance.
18. In order to determine statelessness in full accordance with the 1954 Convention, a
statelessness determination procedure should, according to the UNHCR Handbook on
Protection of Stateless Persons, be simple, accessible to everyone within the territory,
and be fair and efficient.24 The procedure should be formalised in law and observe due
process guarantees. 25 In compliance with these standards, a Slovenian statelessness
determination procedure should provide for a shared burden of proof, the standard of
proof should be reduced and applicants should be offered an individual interview. 26
Moreover, information and counselling about the procedure should be widely
disseminated in order to facilitate access to the procedure.27 Additional procedural and
evidentiary safeguards for child applicants should be put in place, including ‘priority
processing of their claims, provision of appropriately trained legal representatives,
interviewers and interpreters as well as the assumption of a greater share of the burden
of proof by the State’.28 Government officials who may come in contact with stateless
persons through their regular work (for example, social services or immigration control)
should be trained to identify potential applicants and should refer them to the
determination procedure.29 Finally, authorities involved in the identification of stateless
persons should be provided with training on statelessness and the human rights of
stateless persons.
19
Aliens Act: http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO5761; Citizenship Act:
http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO5130.
20 https://index.statelessness.eu/country/slovenia.
21 Bajt,Veronika, Kogovšek Šalamon, Neža (2014). Brezdržavljanskost v Sloveniji (Statelessness in Slovenia). Dve
domovini / Two Homelands 39, p. 15.
22 Article 8, General Administrative Procedure Act: http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO1603.
23 Article 7, Legal Aid Act: http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO1265.
24 UNHCR, Statelessness Handbook, paras. 63, 68 and 69.
25 Ibid, para 71.
26 Ibid, paras. 71, 89-93.
27 Ibid, para 68; UNHCR, Good Practices Paper – Action 6, p. 5.
28 UNHCR, Statelessness Handbook, para 119.
29 UNHCR, Good Practices Paper – Action 6, p. 4.
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