Provision
This model law sets out two alternative and possible legal provisions.
Formulation A outlines a framework that never results in statelessness, which
is the ideal formulation and best practice. Formulation B is an alternative that
allows statelessness in very limited and extreme circumstances, but always in
line with international standards.
Formulation A
1. Where persons have been convicted in a court of law of committing an
offense which may result in the deprivation of nationality as specified
by law,
2. Such person may, at the discretion of the State and after judicial review by
a competent tribunal, be deprived of nationality by a competent authority
in the following circumstances, provided that the act of deprivation of
nationality must never leave the person stateless:
(a) In the last five years, they have acquired nationality as a result
of fraud, meaning an intentional misrepresentation of material
facts, including the use of adulterated or fraudulently obtained
documents, or the provision of false facts or particulars;
(b) To uphold due process and prevent against erroneous or
arbitrary deprivations of nationality, persons subject to the
potential deprivation of their nationality under Section 1(a) will
be afforded an opportunity to be heard before a competent
authority prior to withdrawal of nationality being made final
and effective. In coming to a decision, the competent authority
must take into account the following factors:
i. whether or not the perpetrator of the fraud has another
nationality;
ii. the severity of the fraud;
iii. the time that has passed since the fraud;
iv. the strength of the link of the person in question with State
X, including; birth on the territory, length of residence, family
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