potentially, at some future date, appeal the initial decision internally or in court.82 Of course, as an attorney you will want to try to assist the client to go beyond the window-level official to access citizenship. But for advocacy's sake, a decision by a window-level official is binding.83 However, if the client was turned away because he did not have one of the necessary documents to prove his citizenship, he may not be stateless unless the document in question is one that is impossible for him to obtain. For example, a client was born abroad to South African citizens. In order to register at Home Affairs in South Africa as a citizen, he must submit a birth certificate from the country of birth. He does not have this document and is unable to obtain it (his parents passed away, he has no other documents or witnesses in that country to help him get a birth certificate and he has attempted to get a birth certificate but has been turned away). In such a situation, the client is stateless if he has no other nationality, even though he had South African parents. On the other hand, if the same client tries to register as South African and was turned away because he did not have his foreign birth certificate, which is sitting at home and could easily be brought into Home Affairs, he should not be regarded as stateless. Information concerning state practice can be obtained from a variety of sources, governmental and non-governmental. The complexity of nationality law and practice in a particular state may justify recourse to expert evidence in some cases.84 For such country-related information to be treated as accurate, it needs to be obtained from reliable and unbiased sources – preferably more than one source. Recommended sources include state bodies directly involved in nationality mechanisms, or nonstate actors which have built up expertise in monitoring or reviewing such matters. It is important that country-related information is continuously updated so that changes in nationality law and practice are taken into account. That being said, the country-related information relied on should be contemporaneous with the events that are under consideration in the case in question. In addition, where the practice of officials involved in applying the nationality laws of a state appears to differ by region, this must be taken into account with respect to country-related evidence.85 82 83 84 85 48 UNHCR Definition Guidelines (n 7 above) para 21. If the window-level official took a decision in another country, and the local foreign mission in South Africa does not recognise the client as a citizen, it is safe to rely on those two factors as conclusive proof of statelessness, with which you can motivate that the client receive an exemption in South Africa. UNHCR Definition Guidelines (n 7 above) para 33. UNHCR Definition Guidelines (n 7 above) para 34. Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide

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