PRACTICAL GUIDE ON NATIONALITY 4. Special situations in acquiring or losing nationality When determining the country of reference, you may encounter special situations posing some particular challenges that will require additional reflection. 4.1. Deprivation or attribution of nationality contrary to international law It is a guiding principle of international law that each state determines, under its own law, who its nationals are. However, when a state creates its domestic nationality law, this needs to be in line with the international standards on nationality and the prevention and reduction of statelessness. The law and practice of the state concerned has to be consistent with international conventions, international custom and the principles of law generally recognised with regard to nationality ( 65). For instance, withdrawing the nationality of a person who does not hold another nationality and thus making them stateless is generally prohibited by international law. The determination of the country of reference will be affected where nationality has been withdrawn or attributed. When a state withdraws a person’s nationality in a way that is compliant with international law, the person will no longer hold that nationality and that country can no longer be considered a country of reference. Only the country of their other nationality, if applicable, will be considered a country of reference. However, specific issues may arise if nationality is attributed or withdrawn in contradiction with international law and those are the situations addressed in the following subsections. Remember that, at this stage of the asylum examination, the question is merely to determine the country in respect of which the applicant’s protection needs should be assessed. Whether a loss or attribution of nationality that is contrary to international law amounts to persecution or serious harm is a different question that needs to be assessed separately (see Section 7. Nationality and acts of persecution or serious harm). 4.1.1. Arbitrary and discriminatory deprivation of nationality A state may deprive one of their citizens of their nationality based on arbitrary and discriminatory measures. A person can be deprived of nationality for reasons related to the Refugee Convention grounds (e.g. race, see Section 7. Nationality and acts of persecution or serious harm) or unrelated to it. (65) Article 1 of the League of Nations, Convention on Certain Questions Relating to the Conflict of Nationality Law, League of Nations, Treaty Series, vol. 179, p. 89, No. 4137, 13 April 1930. 33