92.
The lack of nationality does not need to be established in relation to every
State in the world. Consideration is only necessary of those States with
which an individual has a relevant link, generally on the basis of birth
on the territory, descent, marriage, adoption or habitual residence.53
However, statelessness will not be established to a reasonable degree
where the determination authority is able to point to clear evidence
that the individual is a national of an identified State. Such evidence of
nationality may take the form, for example, of written confirmation from the
competent authority responsible for naturalization decisions in another
country that the applicant is a national of that State through naturalization
or information establishing that under the nationality law and practice of
another State the applicant has automatically acquired nationality there.54
93.
Where an applicant does not cooperate in establishing the facts, for
example by deliberately withholding information that could determine his
or her identity, then he or she may fail to establish to a reasonable degree
that he or she is stateless even if the determination authority is unable to
demonstrate clear evidence of a particular nationality. The application can
thus be rejected unless the evidence available nevertheless establishes
statelessness to a reasonable degree.55 Such cases need, however, to be
distinguished from instances where an applicant is unable, as opposed to
unwilling, to produce supporting evidence and/or testimony about his or
her personal history.
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PART TWO
purpose of the 1954 Convention. States are therefore advised to adopt the
same standard of proof as that required in refugee status determination,
namely, a finding of statelessness would be warranted where it is
established to a “reasonable degree” that an individual is not considered
as a national by any State under the operation of its law.52
(5) Weighing the evidence
94.
Where authentic documentary evidence is presented regarding an
individual’s personal history in a statelessness determination procedure,
this evidence typically takes precedence over that individual’s testimony in
reaching a conclusion on statelessness. Where limited or no documentary
evidence regarding an individual’s personal circumstances is presented,
however, additional weight will be given to an applicant’s written and/or
52
Please see paragraph 42, Handbook and Guidelines on Procedures and Criteria for
Determining Refugee Status, note 47 above. In the refugee status determination context,
an individual can claim a well-founded fear of persecution by establishing “to a reasonable
degree, that his continued stay in his country of origin has become intolerable to him for the
reasons stated in the [refugee] definition.”
53
Please see paragraph 18 above.
54
Please see paragraphs 27 to 44 above on the treatment of evidence from other States,
including from their consular authorities.
55
Please see section 9 below on Credibility Issues.
35