If during your research you find that there is a chance of the
client acquiring citizenship if he applies, for example, for citizenship
in his parents' country of origin, you must allow him to decide if
this is an option he would like to pursue. You can advise him on the
chances of success of such an application and the likely waiting
time for a decision, advising him that during this time he will
remain without immigration status in the Republic. It is also
recommended that you evaluate the case on the totality of the
circumstances and advise the client of the strength of his or her
exemption application if it is submitted at present. For example, if
you were the Minister, would you expect this person to have made
an application for citizenship in their country of origin prior to
launching an exemption application in South Africa? There will be
cases where the chance of success is so low (due to client's lack of
documentation, death of parents or discrimination towards people
like the client) or the waiting period so unpredictable that it would
be unreasonable to expect a person to do so.
Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide
Assessing citizenship and identifying a stateless person in practice
requiring that they pursue and await the decision of all potential
citizenship claims prior to qualifying for international protection.
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