Language barriers
In Bulgaria, the applicant bears the cost of interpretation if required in the SDP.
In Italy, interpreters are not provided for hearings in the judicial procedure. In the
United Kingdom, interpreting services are available for interviews (which only take
place if the decision-maker cannot decide based on the written application), but no
translation or interpreting is provided for other stages of the application process or
for communication with legal representatives representatives unless the applicant has
qualified for legal aid.
Lack of access to an interview
In Italy, in the judicial procedure, hearings will take place, but there is no provision
ensuring interpreters are provided, although they may be present on request. In Latvia,
France, and the United Kingdom, interviews are permitted but only take place in
certain circumstances, usually where the decision-maker requires further information.
In the United Kingdom, there are examples of applications being refused where
an interview could have been sought, as well as applicants being unable to attend
interviews due to travel costs.64
Delays and errors in decision-making
In many countries, long delays are reported, which often exceed established time limits.
In Bulgaria, cases of ‘silent rejection’ have been reported whereby the six-month time
limit expires without a decision being communicated. In Italy, despite the very long
895-day time limit in the administrative procedure, cases are known to last much longer
than this, with the longest reported to have lasted 13 years. In France, there is no
time limit for decisions resulting in long delays up to two or three years. In the United
Kingdom, initial decisions are reported to take up to two years, although guidance
requires a new decision following administrative review to be made within three
months.
There are also reports of errors in decision-making, including in the United Kingdom,
Spain, Bulgaria, and Hungary. In Spain, some decisions have failed to implement
judicial decisions, and in the United Kingdom, errors reported include a failure to
examine relevant evidence or to determine statelessness prior to excluding applicants
on grounds of criminality. A common error in several countries relates to the treatment
of stateless Palestinians. In Bulgaria, applications from Palestinians are reportedly
automatically rejected without a thorough individual examination on grounds that
the Bulgarian Government recognises the State of Palestine. Similarly, in Hungary,
the competent authority previously rejected applications by stateless Palestinians,
referring to the recognition of the State of Palestine by the United Nations. This
approach was successfully challenged through litigation in Hungary on grounds that
there is no nationality law governing Palestinian nationality, so Palestinians cannot be
considered nationals under the operation of the law of the State of Palestine. Across
Europe, case law has been emerging from domestic and regional courts regarding
the ability of UNRWA to fulfil its mission to provide protection or assistance in Gaza
and Lebanon, and regarding its scope of operations, which could impact on stateless
Palestinians’ eligibility for protection under the 1954 Convention and the 1951
Convention Relating to the Status of Refugees.65