II. Definitions and cross-cutting issues
reasonable grounds for the refusal (reasonable grounds would include, for
example, existence of an outstanding detention order related to a criminal
investigation).
(iii) Persons with undetermined nationality are considered as such when a
preliminary review has not determined whether they possess a nationality
or are stateless. Such cases arise in a wide range of contexts and, in most
instances, can be resolved through existing State procedures for confirmation of nationality and provision of related identity documentation. These
persons can fall within UNHCR’s statelessness mandate if they:
— lack proof of possession of any nationality; and
— have links to more than one State on the basis of birth, descent,
marriage or habitual residence; or
— are perceived and treated by the authorities in the State of residence
as possessing links which give rise to a claim of nationality of
another State on the basis of such elements as historic ties, race,
ethnicity, language or religion.
Persons at risk of statelessness is another frequently used term, yet
there is no formal definition in international law specifying what “at risk of
statelessness” means. However, from various sources it can be concluded
that persons are at risk of statelessness when they have difficulties proving that they have relevant links to a State. This can happen, for example,
when a person does not have a birth certificate or identity documents. The
following categories of persons, which are not mutually exclusive, may be
at risk of statelessness, in particular, in the absence of birth registration or
identity documentation:
— migrant populations for which difficulties to prove identity and
nationality affect two or more generations;
— persons living in border areas, whose births are not registered in
either country;
— national or ethnic minorities who have perceived or actual ties with
other countries;
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