3.4 Rights of applicants and recognized stateless persons As Sweden has not established a dedicated statelessness determination procedure which can lead to the recognition of a person as stateless, there is no status of a stateless person provided for in the national law. An assessment of a person as stateless within the context of one procedure, operated by one authority, is not legally binding in other procedures and on other authorities. Also, most of the rights granted to stateless persons in Sweden are not based on their statelessness per se, but on the immigration and residence permit granted in other procedures. 3.4.1 Rights of applicants during the statelessness determination procedure Applicants for statelessness status who enter into a determination procedure are considered to be “lawfully in” the territory of a State Party. By contrast, an individual who has no immigration status in the country and declines the opportunity to enter a statelessness determination procedure is not “lawfully in” the country.140 The 1954 Convention foresees that stateless persons who are “lawfully in” (in French “se trouvant régulièrement”) a State Party are entitled to an additional set of rights, including the right to engage in selfemployment (Article 18), freedom of movement within a State (Article 26) and protection from expulsion (Article 31).141 For stateless persons to be “lawfully in” a State Party, their presence in the country needs to be authorized by the State. The concept encompasses both presence which is explicitly sanctioned and also that which is known and not prohibited, taking into account all personal circumstances of the individual. The duration of presence can be temporary. This interpretation of the terms of the 1954 Convention is in line with its object and purpose, which is to assure the widest possible exercise by stateless persons of the rights contained therein. As confirmed by the drafting history of the Convention, applicants for statelessness status who enter a determination procedure are therefore “lawfully in” the territory of a State Party. As Sweden has not established a statelessness determination procedure, there are no provisions in Swedish law governing the rights of persons applying for the status of stateless. Instead, the rights enjoyed by stateless persons applying for asylum, a residence permit on other grounds or naturalization depend on the nature of the procedure in question. The most relevant procedure in the context at hand is the asylum procedure, within which the nationality or statelessness of an applicant is assessed, as part of the establishment of the asylum-seeker’s identity. Stateless asylum-seekers are entitled to the same set of rights as other applicants for asylum. Therefore, the rights outlined below are those granted to asylum-seekers and some other groups of immigrants who may find themselves in administrative procedures where a person’s statelessness is identified. 3.4.1.1 DETENTION Under international law, there is a prohibition on the detention of stateless persons on the ground of their statelessness. Article 9 of the ICCPR guarantees the right to liberty and security of person, and prohibits unlawful as well as arbitrary detention. For detention to be lawful, it must be regulated by domestic law, preferably with maximum limits set on such detention, and subject to periodic and judicial review. For detention not to be arbitrary, it must be necessary in each individual case, reasonable in all the circumstances, 140 UNHCR, Handbook, para. 135. 141 Ibid., para. 134. UNHCR STOCKHOLM, 2016 43