! Evaluating evidence of competent authorities in non-automatic modes of nationality acquisition and withdrawal: This can be relatively straightforward. It refers to the State body on which a decision to grant or withdraw nationality depends. Evidence may include a certificate of naturalization, among other documents.33 ! Evaluating evidence of competent authorities in automatic modes of citizenship acquisition or loss of nationality: In the context of automatic acquisition or loss of nationality, no State action is typically required. Thus, while any State authority may make a decision to clarify nationality, which is different from granting or denying naturalization, this authority does not issue nationality documents. Instead, birth registration typically provides proof of place of birth and parentage, the usual elements to satisfy for automatic acquisition of nationality.34 ! Considerations where State practice contravenes automatic nationality: When competent State authorities treat someone as automatically be a national, these authorities’ position controls the rather than the letter of the law. This may arise in the context of nationality laws.35 ! Absence of evidence of the position of competent authorities: This arises in the context of an individual who has acquired nationality automatically, but never came into contact with a State’s competent authorities. In this circumstance, we look to a State’s practice for recognizing similarly situated individuals.36 ! Role of consular authorities: A consulate may be the competent authority in a non-automatic acquisition of nationality. For example, some States’ laws require children born to nationals abroad to register with a consulate as a prerequisite for acquiring the nationality of their parents. Where a consulate is the only competent authority to take a position on an individual’s nationality status— e.g., renewing a passport—its position is typically decisive. However, if other competent authorities have taken a different position on someone’s nationality, the two positions must be weighed against one another (see “inconsistent treatment by competent authorities” below).37 ! Enquiries with competent authorities: In some cases, an individual—or another State— may seek clarification of nationality status with competent authorities. Depending on the circumstances, different weight will be assigned to responses and lack of response from a competent authority.38 ! Inconsistent treatment by competent authorities: Depending on the specific facts, inconsistent treatment may be evidence of a national’s rights being violated, that person never having acquired nationality of the State, or deprivation or loss of nationality. Determining whether this is an instance of the former (in which case the individual is not stateless) or the latter two (in which case the individual may be stateless) is critical to this element.39 modes of acquisition of a non-national who should determination of nationality, discriminatory application of See id. at ¶¶ 31-33. See id. at ¶¶ 34-36. 35 See id. at ¶ 37. 36 See id. at ¶ 38. 37 See id. at ¶¶ 39-40. 38 See id. at ¶ 41. 39 See id. at ¶¶ 42-44. 33 34 9