130 Gábor Gyulai means that such a restrictive approach can significantly hinder access to procedures and protection. A further challenging issue is whether states are allowed to set any specific admissibility conditions. In Hungary, for example, only lawfully staying foreigners can claim stateless status.50 This restriction – besides being evidently absurd51 – is in breach of the 1954 Convention. The latter sets forth an exhaustive list of exclusion grounds and does not allow for further ones. As the Metropolitan Court (Fővárosi Bíróság) in Hungary correctly observed: it is the Convention that sets the material conditions of the recognition of stateless status, according to which a stateless person is a person who is not recognised as a citizen by any country under its national law. As compared to the Convention, the Aliens Act … cannot establish further material conditions for the recognition of statelessness. 52 Another such limitation can be found in the Spanish legislation, which sets a time limit for applications. Claims for stateless status are only admitted within one month after entry into Spain or following the expiration of a residence entitlement.53 In any other case, the application will be automatically rejected as manifestly unfounded.54 This approach is again contrary to the 1954 Convention, in addition to being conceptually erroneous. Statelessness is an objective condition, which does not need to be underpinned by a subjective fear or other specific conditions.55 While having an effective opportunity and still not applying for refugee status for a long period may, in certain cases, cast doubt on the credibility of the asylum claim, no parallel principle exists in statelessness determination. For example, it is more than realistic that a stateless person only realizes her or his condition as such after numerous unsuccessful (yet time-consuming) attempts to renew her or his passport. Or to put it simply: under the 1954 Convention’s definition, a stateless individual is still 50 51 52 53 54 55 Act II of 2007 on the Admission and Right of Residence of Third-Country Nationals, s. 76(1). Since statelessness in Hungary arises mainly in a migratory context, this rule requires a stateless person to obtain a valid travel document and fulfi l a set of difficult material conditions (such as accommodation, livelihood and health insurance) before even being able to claim protection as a stateless person. Judgment no. 24.K.31.412/2009/6. An exception is made only for sur place cases, in which the one month deadline is counted from the day when the applicant (who already resides in Spain) becomes stateless. Royal Decree 865/2001 of 20 July approving the Regulation for the Recognition of the Status of Stateless Persons, s. 4. See Geneva Conclusions, para. 21. 9781107032446c05_p116-143.indd 130 6/16/2014 3:12:02 PM