Ad 1) Status regularization procedure If the person does not retain the right to Lithuanian citizenship and is not confirmed as a citizen by any country, the person will be presumed to be stateless by the migration agency. The individual concerned has to establish the judicially relevant fact of having lived on the territory of the Republic of Lithuania prior to 1 July 1993. The Migration Department then issues a permanent residence permit, which states the person is “stateless” instead of indicating a nationality. If residence in Lithuania during the statutory period cannot be established, the Migration Department may still issue a temporary residence permit on grounds such as family reunification.174 Ad 2) Asylum procedure Stateless asylum-seekers can appeal any decision made within the framework of the Law on the Legal Status of Aliens, including a decision of the Migration Department not to grant refugee status or subsidiary protection.175 In practice, however, as the applicant’s statelessness does not affect their asylum application under Lithuanian law, it is unlikely the courts would hear a statelessness claim. Ad 3) Removal procedure Irregular migrants can appeal decisions to remove them to district administrative courts within 14 days.176 Statelessness is not a reason to halt or suspend removal or to release the individual from detention. Thus, the court will not hear a claim that the person is stateless. Notably, statelessness can be a serious practical obstacle to returning an individual to the country of origin. Persons who have resided in Lithuania prior to 1 July 1993 and want to resolve their legal status can appeal decisions, as well. 3.3.2.4 OTHER PROCEDURAL ASPECTS Although the Law on the Legal Status of Aliens and the Law on Administrative Proceedings177 provides the right to access the national court system for stateless persons, in practice, stateless persons face obstacles enjoying this right. Free or subsidized legal aid in Lithuania is provided to Lithuanian citizens, nationals of other EU countries, lawful residents, and “other persons indicated in international treaties ratified by Lithuania.”178 Asylum-seekers and refugees or beneficiaries of subsidiary protection whose protection has been withdrawn, also have the right to legal aid during proceedings.179 Stateless irregular migrants are entitled to free legal aid only in the appeal proceedings if they challenge their detention.180 Residents with an “unresolved” legal status have no access to free legal aid, including to secondary legal aid (representation and defense in court), which is important in establishing legally significant facts in a court. Some Migration Divisions of Territorial Police Units have reported to mediate between the applicant and the legal aid providers or to apply for extraordinary municipal funds to cover costs. Interviewed specialists have reported they have to use their creativity and imagination to ensure access to basic services, including legal aid. This practice is, however, inconsistent, and staff members at other Territorial Police Units have expressed frustration at the lack of access to legal aid. 174 Law on the Legal Status of Aliens, Article 40. 175 Law on the Legal Status of Aliens, Article 136. 176 Ibid, Articles 136 and 138. 177 Law on Administrative Proceedings (No. VIII-1029, of 14 – 01-1999, as subsequently amended). 178 The Law on State-Guaranteed Legal Aid, Article 11. 179 Law on the Legal Status of Aliens, Articles 71 (1) (4) and 90 (5). 180 Ibid, Article 116 (1). U N H C R S TO C K H O L M , M AY 2 0 1 6 49