CChapter 3: Comparative analysis of nationality laws A closely linked procedural question is how much discretion is allowed to the authority responsible for issuing decisions on nationality. Measuring discretion from the letter of the law is not easy – a lot will depend on practice. However, provisions using terms like “can” and “may” (rather than “will”) with regard to, for instance, the conferral of nationality clearly leave room for the relevant authority to decide whether to do so in a particular case, or not. The greater the margin of discretion, the more legal certainty may become an issue, because it is difficult for potential beneficiaries to predict how the law will be applied to them. An area in which there is traditionally greater discretion is with regard to decisions on naturalisation and this is clearly also the case in the MENA region. In fact, some of the nationality laws admit that the requisite authority has absolute discretion in this regard. For example, in Saudi Arabia, “the Minister of Interior, in all cases, may refuse granting Saudi Arabian nationality to aliens, who have fulfilled all the conditions, which are prescribed [for naturalisation]”.186 Elsewhere, this is not explicitly stated in the law but is a matter of policy. For instance, in Lebanon, the Ministry of Interior explains that “it is not definite that a foreigner who meets [the conditions for naturalisation] will be 186 - Article 10, Saudi Arabian Nationality System, 1954. 141

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