Decisions are given in writing with reasons in most countries with a procedure to determine statelessness,
although in Moldova, the Netherlands, and the United Kingdom only for negative decisions.
As to the remaining barriers, long delays are reported in many countries, 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. Italy has a very long 895-day time limit in the administrative
procedure, and 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.
There are also issues with the reasoning provided with the decisions. In France, in practice the reason given
is often vague, such as ‘journey not established’ and/or ‘vague statements from the applicant’. In Ukraine
and Türkiye, it has been reported in practice that decisions are not always given in writing with reasons.
Quality assurance
States should regularly undertake quality assurance audits of the procedure, and guarantee access to UNHCR
as a safeguard. In most Index countries, UNHCR has a role in the procedure or access to case files, although
the level of involvement varies. In some countries it also provides training, guidance, and other technical
support to the authorities. In Latvia, the competent authority consults UNHCR on individual cases from time
to time and asks queries about nationality laws and practices in different countries. An internal quality
assurance system in the United Kingdom requires at least one decision per examiner to be reviewed each
month, and UNHCR undertook a detailed audit of the SDP in 2020. In Georgia, quality assurance work by
UNHCR and the competent authority in 2021 resulted in the adoption of specific action points under the
2023 Statelessness Action Plan.
Despite these safeguards in some countries, overall, there is a lack of quality assurance mechanisms in
statelessness procedures, and the role of UNHCR is often limited. In Switzerland, there is no quality
assurance mechanism and UNHCR does not participate or have access to applicants’ files. In France, quality
assurance audits of first-instance decisions are jointly carried out by UNHCR and the competent authority in
asylum procedures but not in the SDP.
Good Practice: Procedural safeguards in UKRAINE
In Ukraine, applicants have access to free legal aid at any stage of the process, and
undocumented people can also access legal aid in proceedings related to the issuance
of an identification document. Applicants have the right to an interview and, in
practice, these are conducted in every case. The law provides that an interpreter and
free translation at the application stage are mandatory (although in practice there are
issues with access to these). Decisions must be given in writing within six months (or a
maximum of 12 months), and are usually decided within this period. There is a
mechanism to refer to the asylum procedure or determination of Ukrainian nationality.
Referral mechanisms between the refugee status determination procedure and the SDP
It is recommended that cross-referral systems should exist in cases where the refugee status and
statelessness determination procedures are not conducted in a joint framework, respecting the primacy of
the asylum claim (see Section 4.1).52
In Moldova, cross-referral mechanisms are in place between the SDP and asylum procedures. The SDP is
suspended if an asylum application is made and resumed if refugee (or subsidiary protection) status is
refused. In Spain, Switzerland, and the United Kingdom, the competent authority can refer people refused
asylum to the SDP, but this rarely happens in practice.