78.
When an applicant raises both a refugee and a statelessness claim, it is
important that each claim is assessed and that both types of status are
explicitly recognised. This is because protection under the 1951 Convention
generally gives rise to a greater set of rights at the national level than that
under the 1954 Convention. Nevertheless, there may be instances where
refugee status ceases without the person having acquired a nationality,
necessitating then international protection as a stateless person.
79.
As a stateless person may also be a refugee or be entitled to
a complementary form of protection,45 States must ensure that
confidentiality requirements for refugees who might also be stateless are
upheld in statelessness determination procedures. Every applicant in a
statelessness determination procedure is to be informed at the outset of
the need to raise refugee-related concerns, should they exist.46 The identity
of a refugee or an asylum-seeker must not be disclosed to the authorities
of the individual’s country of origin. As discussed below in paragraphs
96-99, statelessness determination officials might be required to make
enquiries with foreign authorities regarding applicants, which could
compromise the confidentiality to which refugees and asylum-seekers are
entitled. When this is the case, refugee status determination is to proceed
and consideration of the statelessness claim to be suspended.
80.
Where refugee status and statelessness determinations are conducted in
separate procedures and a determination of statelessness can be made
without contacting the authorities of the country of origin, both procedures
may proceed in parallel. However, to maximize efficiency, where findings
of fact from one procedure can be used in the other, it may be appropriate
to first conduct interviews and to gather and assess country information
for the refugee determination procedure.
81.
Similarly, in a procedure that combines refugee and statelessness
determination and an applicant raises both claims, it is important that the
examiner conduct refugee and statelessness determination together.47 If
there is insufficient information to conclude that an individual is stateless
45
Please see Executive Committee Conclusion No.103 (LVI) of 2005 on complementary forms
of protection, http://www.unhcr.org/refworld/docid/43576e292.html
46
Similarly, applicants for refugee status are to be informed of the possibility of applying for
recognition as a stateless person.
47
Refugee status determination requires the identification of either an individual’s
country of nationality or, for stateless persons, the country of former habitual
residence for the purposes of assessing an individual’s fear of persecution. Please
see paragraphs 87-93 and 101-105, UNHCR, Handbook and Guidelines on Procedures
and Criteria for Determining Refugee Status, HCR/1P/4/ENG/REV.3, December 2011,
http://www.unhcr.org/refworld/docid/4f33c8d92.html
74 - 81
PART TWO
C. COORDINATING REFUGEE STATUS AND
STATELESSNESS DETERMINATIONS
31