3.3.1 Competent authority The decision-making authority in asylum matters and in applications for residence permits on other ground is the SMA.100 The SMA is also the decision-making authority in nationality matters, except those concerning nationality-related notifications made by nationals of the Nordic countries, which are decided upon by the County Administrative Boards.101 Within the notification and naturalization procedures, the Citizenship Unit of the SMA conducts an assessment of the applicant’s statelessness, to determine if he or she is eligible for citizenship. Asylum claims submitted by stateless persons may be assessed by any asylum caseworker, as there are no staff specialized in dealing with claims of asylum-seekers who are, or might be, stateless. All case workers are expected to be able to apply the relevant legal provisions in cases of stateless asylum-seekers, and be able to define who is a stateless person.102 While there are internal Judicial Guidelines on certain asylum matters issued by the Legal Director of the SMA (so-called “Rättsliga ställningstaganden”), no such guidelines have been issued regarding how to determine an applicant’s statelessness and/or how to assess the consequences of an applicant’s statelessness from an international protection perspective. Therefore, the only domestic guidance available to the caseworkers of the Asylum Unit, to support their determination of asylum claims from stateless persons, are the general criteria for international protection in the Aliens Act, as well as general guidance on, for example, credibility assessments and the situation in specific countries. While it was not possible to determine, with certainty, the extent to which UNHCR’s Handbook and Guidelines on statelessness are used by the caseworkers, it appears that they are generally not known or used by the caseworkers responsible for assessing whether an asylum applicant is in fact stateless. The Population Register is managed by the Swedish Tax Agency, which is the decision-making authority on registration of Swedish residents and children born in Sweden.103 3.3.2 Procedural aspects 3.3.2.1 INITIATING THE PROCEDURE Nationality or the lack thereof has some importance in asylum assessments. The nationality of an asylumseeker is considered as an element of the applicant’s identity, and establishing identity is one of the main elements of the asylum assessment.104 However, while it is considered important to determine the applicant’s country of origin in the determination of his or her asylum claim, the assessment of whether the applicant is a national of that country, or stateless, does not seem to be of significant importance. The assessment of an asylum-seeker’s potential statelessness is generally very brief, and little attention and weight appears to be given to statelessness on its own.105 Instead, the determination is focused on assessing whether the applicant has a well-founded fear of persecution, with regard to his or her former country of habitual residence, or “regular place of residence” (vanliga vistelseort in Swedish), according to an SMA Judicial Position.106 In respect of asylum-seekers with a nationality, the Judicial Position refers to the 34 100 In accordance with Chapter 4, Section 6 and Chapter 5, Section 20 of the Aliens Act respectively. 101 In accordance with Section 22 of the Act on Swedish Citizenship. 102 Meeting with the SMA, 6 September 2012, and telephone conversation with the SMA, 7 September 2012. 103 In accordance with Section 1 of the Population Registration Act, Folkbokföringslag (1991: 481). 104 Telephone conversation with the SMA, 7 September 2012. 105 Based on the consultant's review of selected asylum decisions concerning stateless asylum-seekers. 106 Rättsligt ställningstagande angående utredning och prövning av identitet och medborgarskap samt hemvist och vanlig vistelseort i asylärenden, RCI 07/2016, 24 March 2016, available at: http://goo.gl/LNHEOb. M A P P I N G S TAT E L E S S N E S S I N S W E D E N

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