3.3.2 Procedural aspects 3.3.2.1 INITIATION OF THE PROCEDURE Ad 1) status regularization procedure This procedure is initiated when a person without valid identification or residence permit comes into contact with the authorities and where there is reason to believe that the person was either born in Lithuania or resided on its territory prior to 1993. Ad 2) asylum procedure An assessment of an asylum-seeker’s potential statelessness is undertaken if the applicant claims to be stateless, and as part of establishing his/her identity within the asylum procedure. Ad 3) removal procedure The removal procedure itself is initiated when it is decided that a person cannot remain in Lithuania. Assessment of statelessness as part of this procedure will be undertaken when the person involved explicitly states that he or she is stateless. 3.3.2.2 QUESTIONS OF PROOF Although the 1954 Convention does not articulate a standard of proof, States are encouraged to make a finding of statelessness 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.168 Given the nature of statelessness, applicants for statelessness status are often unable to substantiate the claim with much, if any, documentary evidence. Moreover, statelessness, by its very nature, cannot normally be proved. Rather, it is an individual’s nationality that can be proved. Statelessness determination authorities need to take this into account, where appropriate giving sympathetic consideration to testimonial explanations regarding the absence of certain kinds of evidence.169 Ad 1) status regularization procedure Lithuanian law requires that the individual concerned submits any documentary evidence at his or her disposal. The individual will be questioned about family, education and employment history, place of birth and residence, as well as periods of residence abroad. All countries in which the individual may have relatives or where the individual had his or her previous residence are contacted with an inquiry into whether they consider the person to be their citizen. All information is then cross-referenced with the Residents’ Register and, if necessary, with other institutions and databases. The authorities determine if the individual concerned was born in Lithuania, if he or she was a citizen of the Republic of Lithuania before 15 June 1940, or if he or she is a descendant of such persons. Consequently, an applicant should prove the fact of residence in Lithuania prior to 1993, evidence of having a legal source of income in Lithuania, payment of taxes, and a place of residence in Lithuania.170 168 UNHCR Handbook on Protection of Stateless Persons, para 91. 169 Ibid, at para 90. For a detailed discussion, see ibid, paras 89-107 (discussing, iter alia, evidentiary issues such as the proper consideration of passports, enquiries with and responses from foreign authorities, the importance of conducting interviews with the individual whose nationality or statelessness is at issue, and credibility issues). 170 Law on the Implementation of the Law on the Legal Status of Aliens, Article 2. U N H C R S TO C K H O L M , M AY 2 0 1 6 47