7.2. Legitimate purpose 7.2.1. The following, among others, do not constitute legitimate purposes for deprivation of nationality: 7.2.1.1. 7.2.1.2. 7.2.1.3. Administering sanction or punishment; Facilitating expulsion or preventing entry; or Exporting the function and responsibility of administering justice to another State. 7.2.2. Regardless of the stated purpose, any punitive impact incurred by deprivation of nationality is likely to render this measure incompatible with international law. 7.3. Legality There must be a clear and clearly articulated legal basis for any deprivation of nationality. This requires inter alia that: 7.3.1. The powers and criteria for deprivation of nationality are provided in law, publicly accessible, clear, precise, comprehensive and predictable in order to guarantee legal certainty; 7.3.2. The power to deprive nationality must not be enacted or applied with retroactive effect; and 7.3.3. Deprivation of nationality must only be considered lawful if it is carried out by an appropriate and legally vested competent authority whose deprivation powers are clearly established by law. 7.4. Necessity The deprivation of nationality as a national security measure must be strictly necessary for achieving a legitimate purpose, which is clearly articulated. 7.5. Proportionality The decision to deprive someone of their nationality must respect the principle of proportionality. This requires that in any case of deprivation: 7.5.1. The immediate and long-term impact of deprivation of nationality on the rights of the individual, their family, and on society is proportionate to the legitimate purpose being pursued; 7.5.2. The deprivation of nationality is the least intrusive means of achieving the stated legitimate purpose; and 7.5.3. The deprivation of nationality is an effective means of achieving the stated legitimate purpose. 14

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