Step Four: Approaching competent authorities to confirm nationality status Information provided by competent authorities is sometimes of central importance to statelessness determination procedures, although not always necessary in cases where there is otherwise adequate proof.87 The first question is what qualifies as a ‘competent authority’ on matters of citizenship and nationality. UNHCR's stateless definition guidelines explain that ‘Competence in this context relates to the authority responsible for conferring or withdrawing nationality from individuals, or for clarifying nationality status where nationality is acquired or withdrawn automatically.’88 See paragraphs 20 to 39 of the definition guidelines for detailed information on identifying the appropriate competent authorities. In the South African context, Department of Home Affairs is the centralised competent authority when it comes to clients with any claim to citizenship. For clients born in other countries, who have no South African parentage, the competent authorities will likely be the government agency that is the equivalent of Home Affairs in those countries or the country's local foreign mission in South Africa. If a foreign mission in South Africa is unsure of a client's nationality status, it will often contact the relevant government department in the country for a response. Through contacting the relevant countries' foreign missions or government agencies, you can obtain confirmation of your client's citizenship status. LHR suggests faxing a letter to the head of foreign missions or writing a letter to foreign Home Affairs or similar civil registry office (if applicable) explaining the client's personal history, outlining the law and asking if the client is currently recognised as a national/citizen and if not, would he or she qualify for any path to citizenship under the laws of that country. Such a letter should also, where appropriate, request an interview for your client by the relevant officials.89 Assessing citizenship and identifying a stateless person in practice 4.4 The best confirmation of a client's citizenship will be in the form of a written response following an in-person interview with the client by officials of a competent authority. Some foreign missions are more cooperative and responsive than others, however, and 87 88 89 UNHCR Definition Guidelines (n 7 above) para 44. UNHCR Definition Guidelines (n 7 above) para 20 Of course, if a client has a reasonable fear of persecution, interviews are not appropriate. In such a case, a letter to foreign missions need not include the client's name and instead can include enough details to allow officials to assess his or her citizenship status under relevant laws without disclosing her/her identity. Such letters of inquiry would not constitute ‘reavailment’ of the country's protection and so would not jeopardise a client's application for asylum if one is pending. Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide 51

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