Statelessness Determination Procedures particularly inequitable given that a lack of nationality denies many stateless persons the very documentation that is necessary to lawfully enter or reside in a state. 45 In this respect, it is noteworthy that in 2015 the Hungarian Constitutional Court held that the requirement of lawful stay to qualify for statelessness status in the Act II of 2007 on the Entry and Stay of Third-Country Nationals was unconstitutional, and annulled it. 46 D Procedural Guarantees In order to ensure fairness and efficiency, statelessness determination procedures must ensure basic due process guarantees, including the right to an effective remedy where an application is rejected. 47 For a good determination procedure in an SDP vested in either an administrative or judicial body, legal aid should also be factored in, considering the complexities faced by applicants as well as caseworkers. As much as possible, no administrative fees should be levied against stateless persons. Should there be a need for administrative fees, such fees should be reasonable and not act as a deterrent to stateless persons seeking protection. 48 Information on eligibility criteria, the determination procedure and the rights associated with recognition of statelessness is to be widely disseminated by the authorities in a range of languages, and counselling regarding the procedures is to be provided to all applicants in a language they understand. 49 A proper procedure should ensure that after an application is received, the applicant is interviewed. Where the applicant does not speak the local language or official language of that state, an interpreter should be provided. 50 An interpreter should also be provided where a written application is required, especially where the applicant is not well-versed in the official language of the state. It is also key that a determination procedure takes the circumstances of different groups into consideration. For instance, an agency responsible for the determination of statelessness should ensure special protection for unaccompanied minors and those with mental disabilities requiring a legal guardian. 51 There is also the need for gender balance amongst SDP caseworkers. This will help to ensure respect for people whose culture does not allow for a woman to be seen alone with a man who is not her husband, and ensure that women are able to discuss their protection concerns freely with caseworkers. Similar to the practice in refugee status determinations, states must also ensure that applicants are not penalised on grounds of illegal entry and residence in their territory. States should also ensure that applicants are not detained pending the determination of status. A time limit from the date of application to the time for 45 46 47 48 49 50 51 Handbook on Protection of Stateless Persons (n 11) 28 [69]. Magyarország Alkotmánybírósága [2015] Case No III /01664/2014 (Constitutional Court of Hungary). Pursuant to the annulment, s 76(1) of the Act was amended to read: ‘The procedure for establishing statelessness shall be commenced by an application submitted by an applicant residing in the territory of Hungary to the Aliens Police Authority, which may be submitted orally or in writing by the applicant for recognition as a stateless person.’ Geneva Conclusions (n 25) 4 [10]. ibid. See also 1954 Convention (n 13) art 32. Handbook on Protection of Stateless Persons (n 11) 29. The interpreter must interpret what the applicant says verbatim and not paraphrase, and the interview transcript must also record everything said by the applicant. See Good Practices Paper — Action 6 (n 38) 14. 94