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. 87 - 94 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

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