weight; they can therefore not be appealed. In particular, they do not lead to a recognition of the individual
as a stateless person and thus do not constitute an independent ground for legal protection. Today, stateless
persons in Sweden are only entitled to the rights granted in connection with the particular residence permit
they hold, such as a temporary or permanent residence permit issued on the basis of a refugee or subsidiary
protection status. UNHCR therefore recommends the establishment of a statelessness determination
procedure within which those persons who are entitled to the protection regime of the 1954 Convention
can be identified, and be granted a legal status as a stateless person. UNHCR’s Handbook provides guidance
as to the form and procedural safeguards of statelessness determination procedures, including in regard to
the burden and the standard of proof of a reasonable degree. It is recommended that the guidelines referred
to above are based on the standards and guidance set out in the Handbook and used in the statelessness
determination procedure.
“Unreturnable” persons and others who might have a statelessness claim who today do not have the
possibility to have their status as stateless assessed, should have access to the recommended determination
procedure.
It is moreover recommended that persons determined by Sweden to be stateless are granted a residence
permit on the ground of their statelessness, and ensured the rights to which they are entitled under the
1954 Convention, including identity papers and travel documents.
The Handbook notes that States may establish statelessness determination procedures within the framework
of already existing asylum or immigration procedures, by building on the competence and experience that
already exists in regard to establishing a person’s identity and nationality or the lack of it.188 In the context
of Sweden, it may therefore be beneficial to establish the statelessness determination procedure within the
Citizenship Unit of the SMA.
188
UNHCR, Handbook, paras. 64-66.
UNHCR STOCKHOLM, 2016
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