! Nationality acquired in error or bad faith: Conferrals of nationality under a non-automatic mechanism are to be considered valid even if in error or bad faith. However, in some cases, on discovering the error or bad faith, the State will subsequently deprive the individual of nationality. This will be considered in determining the individual’s current status. Fraudulently acquired documents are generally not evidence of nationality, as they are not connected with any legitimate law or process for acquiring nationality.40 ! Impact of appeal/review proceedings: When an individual’s nationality status is the subject of review or appeal proceedings by a judicial or other body, the decision on such proceedings must be considered. However, any evidence of the executive ignoring such decisions in practice is relevant for consideration as well.41 ! Temporal issues: Nationality is to be assessed as it is at the time of determination. If a process for acquiring or depriving nationality is incomplete at the time, it should not be considered.42 Moreover, the fact that an individual can apply to be naturalized in a particular State is also irrelevant to determining whether the individual is at that moment stateless. ! Voluntary renunciation of nationality: Voluntary renunciation is an act of free will whereby an individual gives up his or her nationality status. The subsequent withdrawal of nationality may be automatic or at the discretion of the authorities. The question of an individual’s free choice is not relevant when determining whether the individual is stateless; however, it may be pertinent to the matter of the treatment received thereafter.43 **Note that the above-mentioned elements are explained in greater detail in Part One of the UNHCR Statelessness Handbook. C. Evidentiary Considerations The UNHCR Statelessness Handbook also provides detailed information regarding assessing evidence, including types of evidence and issues, as well as burden and standard of proof. Importantly, the UNHCR Statelessness Handbook delineates weighing of the evidence and how to treat passports, responses from foreign authorities, and other relevant evidentiary matters. The UNHCR Statelessness Handbook also includes the following non-exhaustive list of types of evidence that may be relevant to proving that an individual is stateless: ! ! ! ! Testimony of the applicant (e.g., written application, interview); Response(s) from a foreign authority to an enquiry regarding nationality status of an individual; Identity documents (e.g., birth certificate, extract from civil register, national identity card, voter registration document); Travel documents (including expired ones); See id. at ¶¶ 45-46. See id. at ¶¶ 47-49. 42 See id. at ¶ 50. 43 See id. at ¶ 51. 40 41 10