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7.5.3. The deprivation of nationality is an effective means of achieving the stated
legitimate purpose.
7.6.
Procedural Safeguards
Any administrative, executive or judicial process to deprive nationality
must be in accordance with procedural safeguards under international
law, including:
7.6.1. Deprivation of nationality for the purpose of national security must never
be automatic by operation of the law.
7.6.2. The individual concerned must be notified of the intent to deprive
nationality prior to the actual decision to do so, to ensure that the person
concerned is able to provide facts, arguments and evidence in defence of
their case, which are to be taken into account by the relevant authority.
7.6.3. Decisions on deprivation of nationality must be individual, as opposed to
collective.
7.6.4. With regard to the principle of the avoidance of statelessness, the burden
of proof in determining that the person concerned holds another
nationality must lie with the competent authorities of the depriving state.
7.6.5. Individuals must be notified in writing of the decision to deprive
nationality and of the reasons underlying the decision. This must be done
so in a prompt manner and in a language that they understand.
7.6.6. Decisions on the deprivation of nationality must be open to effective
judicial review and appeal to a court, in compliance with the right to a fair
trial.
7.6.7. No person whose nationality has been withdrawn shall be deprived of the
right to enter and remain in that country in order to participate in person
in legal proceedings related to that decision.
8.
THE RIGHTS TO A FAIR TRIAL, EFFECTIVE REMEDY AND
REPARATION
8.1.
Everyone has the right to a fair trial or hearing. In any proceedings
concerning the deprivation of nationality, the right to equal access to a
competent, independent and impartial judicial body established by law
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