Recognition as a stateless person

Foreign nationals who believe that they are stateless under the UN Convention of 28 September 1954 relating to the Status of Stateless Persons can apply to SEM to have their status as stateless recognised.

The term ‘stateless person’ means a person who is not considered as a national by any State under the operation of its law

The Swiss Federal Supreme Court amended this definition to add that a person must also be deemed stateless if they have lost their nationality through no fault of their own and have no means of regaining it.

Article 1 paragraph 2 of the UN Convention of 28 September 1954 relating to the Status of Stateless Persons sets out the groups of persons to whom the Convention does not apply.

A written application to be recognised as stateless may be submitted to the SEM in any of Switzerland’s official languages. The application must clearly state the grounds for recognition and include any available evidence. Each application is examined by SEM individually.

When a person is recognised as being stateless in terms of the Convention, they have the right to remain resident in Switzerland (residence permit B). If a recognised stateless person has committed a criminal offence, residence rights may be limited to temporary admission (residence permit F). With regard to personal status and residence, recognised stateless persons are regarded as equivalent to refugees recognised under the Refugee Convention of 1951 who have been granted asylum. Recognised stateless persons are issued with Swiss travel documents on request.

Under Article 14 of the Organisation Ordinance of 17 November 1999 for the Federal Department of Justice and Police FDJP (OrgO-FDJP; SR 172.213.1), in Switzerland the State Secretariat for Migration (SEM) is responsible for conducting procedures to recognise statelessness.

in 2003 the UN General Assembly gave the UN High Commission for Refugees UNHCR a special mandate to deal with stateless persons.