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set out in law, the official will be required to carry out a specific act
bestowing or withdrawing nationality.21
In non-automatic modes where an act of the State is required for acquisition
of nationality, there will generally be a document recording that act, such
as a citizenship certificate. Such documentation will be decisive in proving
nationality. In the absence of such evidence it can be assumed that
the necessary action was not taken and nationality not acquired.22 This
assumption of non-citizenship can be set aside by subsequent statements,
actions, or evidence by the competent authority indicating that nationality
was actually conferred.
PART ONE
33.
(iv) Evaluating evidence of competent authorities in automatic
modes of citizenship acquisition or loss of nationality
34.
In cases where acquisition or loss of nationality occurs automatically, no
State body is actively involved in the change of status and no active step
is required of an individual. Such change occurs by operation of law (ex
lege) when prescribed criteria are met. In most countries, nationality is
acquired automatically either through birth on the territory or descent.
Nationality is also acquired automatically by most individuals affected by
State succession.23 Some laws provide for automatic loss of nationality
when certain conditions are met, such as prescribed periods of residency
abroad, or failure to register or make a declaration within a specific period.
35.
Where nationality is acquired automatically, documents are typically not
issued by the State as part of the mechanism. In such cases, it is generally
birth registration that provides proof of place of birth and parentage and
thereby provides evidence of acquisition of nationality, either by jus soli
or jus sanguinis, rather than being the formal basis for the acquisition of
nationality.24
36.
When automatic modes of nationality acquisition or loss are under
consideration, the competent authority is any State institution that is
empowered to make a determination of an individual’s nationality status in
21
Please note that it cannot be concluded that an individual is a national (or has been deprived
of nationality) until such a procedure has been completed, please see paragraph 50 below.
22
Applications for naturalization or other documents submitted through a non-automatic
nationality procedure do not qualify as sufficient evidence regarding a State’s determination
on that individual’s nationality status.
23
In some cases of State succession, however, citizenship of a successor State is not
automatic and non-automatic modes of citizenship acquisition are employed instead.
Please see the International Law Commission, Articles on the Nationality of Natural
Persons in relation to the Succession of States with commentaries, 3 April 1999,
http://www.refworld.org/docid/4512b6dd4.html, for an overview of State practice.
24
Jus soli and jus sanguinis refer to the two main principles governing acquisition of nationality
in the legal systems of States, on the basis of place of birth and descent from a national,
respectively.
15