a particular group is widespread through State institutions. In such cases,
the position of State authorities that such groups are not nationals would
be decisive rather than the position of judicial authorities that might uphold
the nationality rights of such groups.
49.
There may be situations where the judgment of a court in a case not directly
concerning the individual nevertheless has legal implications for that
person’s nationality status. If the judgment alters, as a matter of domestic
law, such a person’s nationality status, this will generally be conclusive as
to his or her nationality (subject to the qualification regarding rule of law
set out in the preceding paragraph). This may arise, for example, where in
a particular case the interpretation of a provision governing a mechanism
for automatic acquisition has the effect of bringing a whole body of people
within the ambit of that provision without any action required on their or
the government’s part.32
(xii) Temporal issues
20
50.
An individual’s nationality is to be assessed as at the time of determination
of eligibility under the 1954 Convention. It is neither a historic nor a
predictive exercise. The question to be answered is whether, at the point
of making an Article 1(1) determination, an individual is a national of the
country or countries in question. Therefore, if an individual is partway
through a process for acquiring nationality but those procedures are
yet to be completed, he or she cannot be considered as a national for
the purposes of Article 1(1) of the 1954 Convention.33 Similarly, where
requirements or procedures for loss, deprivation or renunciation of
nationality have only been partially fulfilled or completed, the individual is
still a national for the purposes of the stateless person definition.
32
For example, this would be the case where a court rules that a provision of the nationality
legislation governing automatic acquisition of nationality by individuals born in the territory
prior to a specific date applies to an entire ethnic group, despite statements to the contrary
by the government.
33
The same approach applies where the individual has not pursued or exhausted a remedy in
relation to denial or withdrawal of nationality.