Citizenship and stateless status determination
Given that the first priority is always to assist clients in accessing
citizenship, the first task of a legal practitioner is to determine the
nation(s) to which a person has relevant links. All citizenship
options should be explored before resorting to other legal
solutions.
The internationally accepted definition of 'stateless' is found in
Article 1(1) of the 1954 Convention relating to the Status of
Stateless Persons (the 1954 Convention):
For the purpose of this Convention, the term “stateless person” means a
person who is not considered as a national by any State under the
operation of its law.
An individual is a stateless person from the moment that the
conditions in Article 1(1) of the 1954 Convention are met. Article
1(1) can be analysed by breaking the definition down into two
constituent elements: ‘not considered as a national … under the
operation of ... law’ and ‘by any State’.
First, the legal practitioner must gather all relevant information
regarding the personal circumstances of the client. Second, the
information gathered during preliminary interviews is used to
conduct research into any potential claims to nationality that the
client may have.
It is only upon completion of these steps that a determination as
to the client’s citizenship or stateless status can be made, allowing
you to make a plan of action to resolve his problem.
4.1
Step One: Personal history interview
An assessment of the client's citizenship or stateless status will begin
with the personal history interview. The client's testimony
concerning his or her life helps identify which states and nationality
procedures need to be considered in determining a client's status.
Any and all documentary evidence which a client has to
demonstrate the veracity of his or her claims ought to be gathered
at this stage. In any given case, the following non-exhaustive list of
evidence is helpful:72
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testimony of the applicant (e.g. written application, interview,
affidavit);
identity documents (for example, a birth certificate, extract from
civil register, national identity card, voter registration document);
travel documents (including expired ones);
UNHCR Procedures Guidelines (n 7 above).
Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide