IV. FURTHER ANALYSIS AND STEPS
AFTER THE DETENTION VISIT
The following steps can help verify whether the persons detained may be
stateless and support arguments for their release. Confidentiality requirements
must be upheld throughout this process, and consent of the individual to
disclose information to third parties, including authorities of the host State, must
be obtained prior to sharing any information outside UNHCR.
To assess someone’s nationality, it may be necessary to contact the authorities
of his/her country of origin or other countries the person has ties to. The
identity of a refugee or an asylum-seeker must not be disclosed to the
authorities of the individual’s country of origin.
UNHCR Handbook on Protection of Stateless Persons, paragraph 78-82.
Verify possible statelessness or nationality
It may not be possible to verify with certainty that someone is stateless but a finding
of statelessness would be warranted where it is established ‘’to a reasonable
degree” that an individual is not considered as a national by any State under the
operation of its law.30
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Check the nationality laws and to the extent possible, the implementation of
the laws of the different countries to which the person has ties. These are the
country of birth, the country/ies of nationality of the parents and (former) spouse
and country/ies of (previous) long term residence.
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Is there a possibility that the person has acquired nationality by birth in the
territory of a country or through his/her parents?
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Verify whether prolonged residence outside the country of nationality could
have led to the loss of his/her nationality.
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Consider contacting lawyers, NGOs or UNHCR operations in the country of
possible nationality with further detailed questions and for advice on how to
obtain identity documentation and/or acquire or confirm nationality.
30
See UNHCR, Handbook on Protection of Stateless Persons, Para. 91 – 93.
STATELESS PERSONS IN DETENTION