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.
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