Step Four: Approaching competent authorities
to confirm nationality status
Information provided by competent authorities is sometimes of
central importance to statelessness determination procedures,
although not always necessary in cases where there is otherwise
adequate proof.87
The first question is what qualifies as a ‘competent authority’ on
matters of citizenship and nationality. UNHCR's stateless definition
guidelines explain that ‘Competence in this context relates to the
authority responsible for conferring or withdrawing nationality from
individuals, or for clarifying nationality status where nationality is
acquired or withdrawn automatically.’88 See paragraphs 20 to 39
of the definition guidelines for detailed information on identifying
the appropriate competent authorities. In the South African
context, Department of Home Affairs is the centralised competent
authority when it comes to clients with any claim to citizenship. For
clients born in other countries, who have no South African
parentage, the competent authorities will likely be the government
agency that is the equivalent of Home Affairs in those countries or
the country's local foreign mission in South Africa. If a foreign
mission in South Africa is unsure of a client's nationality status, it
will often contact the relevant government department in the
country for a response.
Through contacting the relevant countries' foreign missions or
government agencies, you can obtain confirmation of your client's
citizenship status. LHR suggests faxing a letter to the head of
foreign missions or writing a letter to foreign Home Affairs or similar
civil registry office (if applicable) explaining the client's personal
history, outlining the law and asking if the client is currently
recognised as a national/citizen and if not, would he or she qualify
for any path to citizenship under the laws of that country. Such a
letter should also, where appropriate, request an interview for your
client by the relevant officials.89
Assessing citizenship and identifying a stateless person in practice
4.4
The best confirmation of a client's citizenship will be in the form
of a written response following an in-person interview with the
client by officials of a competent authority. Some foreign missions
are more cooperative and responsive than others, however, and
87
88
89
UNHCR Definition Guidelines (n 7 above) para 44.
UNHCR Definition Guidelines (n 7 above) para 20
Of course, if a client has a reasonable fear of persecution, interviews are not
appropriate. In such a case, a letter to foreign missions need not include the
client's name and instead can include enough details to allow officials to assess
his or her citizenship status under relevant laws without disclosing her/her
identity. Such letters of inquiry would not constitute ‘reavailment’ of the
country's protection and so would not jeopardise a client's application for
asylum if one is pending.
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