all of the relevant circumstances; and
vi. the impact of the conduct on State X.
vii. Whether the misconduct at issue can be adequately
addressed through criminal penalties, without also imposing
the withdrawal of nationality.
Formulation B
3. At the discretion of the State and after judicial review by a competent
tribunal, a person may be deprived of nationality by a competent
authority where:
(a) In the last five years, they have acquired nationality as a
result of fraud, meaning an intentional misrepresentation of
material facts, including the use of adulterated or fraudulently
obtained documents, or the provision of false facts or
particulars;
(b) To uphold due process and prevent against erroneous or
arbitrary deprivations of nationality, persons subject to the
potential deprivation of their nationality under Section
1(a) will be afforded an opportunity to be heard before a
competent authority prior to withdrawal of nationality being
made final and effective. In coming to a decision, the
competent authority must take into account the following
factors:
viii. whether or not the perpetrator of the fraud has another
nationality;
ix. the severity of the fraud;
x. the time that has passed since the fraud;
xi. the strength of the link of the person in question with State
X, including; birth on the territory, length of residence, family
ties, economic activity, and linguistic and cultural integration;
xii. the consequences of the deprivation of nationality for the
perpetrator of fraud and members of their family, taking into
account all of the relevant circumstances; and
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