What is the process for determining statelessness in Germany?

Question

I have been living in Germany as a stateless person since December 2016. My asylum application was rejected due to a prior fingerprint in Norway, but I was allowed to stay and have faced many challenges while making significant efforts to integrate and build a life here.

A year and a half ago, the Ausländerbehörde granted me a residence permit under §104c, which is set to expire on February 6, 2025. During a recent meeting with an employee of the Ausländerbehörde, they expressed uncertainty about the correct procedure for handling my case as a stateless person and indicated a readiness to decline my application for a residence permit under §25b.

I have provided two documents from my homeland: one confirming my place of birth and residence there, and another serving as an ID card for stateless (unregistered) individuals. However, I am not eligible for a travel document since I do not hold citizenship in any country.

The last statement I received from the Ausländerbehörde was: "Staatenlosigkeit muss festgestellt werden" (Statelessness must be determined). However, they admitted they do not know how or which authority is responsible for this process.

They mentioned I would be issued a Duldung and asked to leave Germany, but they were unable to clarify where I should go, given my stateless status.

Answer 1

Dear @whatwasmysin,

Welcome to the Wefugees Community and thank you for your question.

I had to make some reserch myself and found the following information (at asyl.net, I translated them to English):

"Persons with unclear nationality must expect that the foreigners authority will ask them to contact the foreign missions of all eligible countries (whose nationality they may have) and obtain confirmation of their (non-)possession of the respective nationality.
In contrast to the determination of refugee status, there is no set procedure for determining statelessness in Germany. However, the immigration authority (Ausländerbehörde) can determine statelessness in the course of deciding on an application for a travel document for stateless persons. However, the determination of statelessness is linked to the final clarification of the person's identity. This means that persons who wish to be recognised as stateless must request confirmation of their nationality from the diplomatic mission of their (possible) country of origin. If no such confirmation is issued, statelessness is assumed.

If the foreigners authority has established statelessness, a residence permit can be issued on humanitarian grounds (Section 25 (5) AufenthG) if statelessness constitutes a permanent obstacle to deportation."

I hope this helps and please don't hesitate to keep us updated or to get back to us with any further questions.

All the best,

Meike