is/are the competent authority(ies) for nationality matters, and the position of such authorities. For example, when the law of the relevant State provides for automatic acquisition of nationality, the fact that an individual is not registered by the State does not necessarily mean that he or she is stateless. Nevertheless, an individual becomes recognized by the State only through registration. If there is no registration, there is a possibility that the individual may not be able to enjoy treatment by the State as its national. When the national authorities refuse to accept the registration of an individual without legal grounds even though such registration should normally be accepted, it is inferred that such an individual is not treated or considered as a national. Thus, it is necessary to carefully examine whether the “competent authorities” responsible for handling nationality matters are operating the legal provisions in an appropriate manner. The Handbook states that, Where the competent authorities treat an individual as a non-national even though he or she would appear to meet the criteria for automatic acquisition of nationality under the operation of a country’s laws, it is their position rather than the letter of the law that is determinative in concluding that a State does not consider such an individual as a national. This scenario frequently arises where discrimination against a particular group is widespread in government departments or where, in practice, the law governing automatic acquisition at birth is systematically ignored and individuals are required to prove additional ties to a State.76 The “competent authority” for nationality matters need not be a central State body but could also be a local administrative body or a consular office, and there may exist several such authorities.77 In particular, when confirming the nationality or lack thereof of a foreign person staying in Japan, it is useful to confirm the position of the consular office of the country with which the individual has a relevant link. A consulate can be a “competent authority” as the consul is normally requested to express a view on an individual’s nationality within the scope of consular protection in case an individual wishes to extend his or her passport or to confirm his or her nationality. There may be cases where an individual has never come into contact with a State’s competent authorities. In such cases, it is important to assess the State’s general attitude in terms of the nationality status of persons who are similarly situated. If identification documents issued only to nationals are routinely denied to a group to which an individual belongs, this may indicate that he or she is not considered as a national by the State.78 76 77 78 Id., para. 37. Id., para. 28. Id, para. 38. 41

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