In the case analysis in Chapter 2, when an individual appears to have automatically acquired the nationality of a State according to its nationality laws but is denied birth registration or an issuance or renewal of a passport by the consulate in spite of the individual having taken actions normally expected in such a case, the individual would be “not considered as a national… under the operation of its law” and therefore would be stateless. In considering the “actions normally expected”, the provisions for acquisition of nationality in the nationality laws of the relevant State would be the basis, and the rationality of any requirements requested by the authorities in addition to such provisions must be assessed. Specifically, an individual would be considered a stateless person in cases where birth registration and passport issuance or renewal was denied for reasons unrelated to provisions in the nationality law, such as ongoing or past asylum applications by the individual or his or her parents, non-payment of tax by the parents, being a child born out of wedlock, or originating from an area which has become independent from the concerned State. Also, in cases where an individual is not in possession of official documents issued by a relevant State which are necessary as proof of meeting the requirements for acquisition of the State’s nationality, and where it is objectively clear that it is difficult to obtain such documents in reality, the individual would be considered stateless by meeting the definition “not considered as a national… under the operation of its law.” 2. Burden of proof in establishing statelessness Even with the understanding of statelessness offered by the definition and requirements as described in the preceding section, there remains the practical issue of establishing the extent to which an individual should prove his or her claim that he or she meets the criteria within the statelessness definition and relevant requirements in specific procedures. With regard to the burden of proof in statelessness determination procedures, the Handbook states that the burden of proof is in principle shared in that both the applicant and examiner must cooperate to obtain evidence and to establish the facts. 79 Considering the difficulties inherent in proving statelessness, a high standard of proof should not be required, and it is advised to adopt the same standard of proof as that required in refugee status determination, namely, “to a reasonable degree.”80 It is usually very difficult for an individual to research and provide proof on the nationality laws and practice. Therefore, the determination authority is also required to obtain and present evidence relating to the law and its operation. 79 80 Id, para. 89. Ibid. 42