7.2.
Legitimate purpose
7.2.1. The following, among others, do not constitute legitimate purposes for deprivation of
nationality:
7.2.1.1.
7.2.1.2.
7.2.1.3.
Administering sanction or punishment;
Facilitating expulsion or preventing entry; or
Exporting the function and responsibility of administering justice to another State.
7.2.2. Regardless of the stated purpose, any punitive impact incurred by deprivation of nationality
is likely to render this measure incompatible with international law.
7.3.
Legality
There must be a clear and clearly articulated legal basis for any deprivation of nationality. This requires
inter alia that:
7.3.1. The powers and criteria for deprivation of nationality are provided in law, publicly
accessible, clear, precise, comprehensive and predictable in order to guarantee legal
certainty;
7.3.2. The power to deprive nationality must not be enacted or applied with retroactive effect;
and
7.3.3. Deprivation of nationality must only be considered lawful if it is carried out by an
appropriate and legally vested competent authority whose deprivation powers are clearly
established by law.
7.4.
Necessity
The deprivation of nationality as a national security measure must be strictly necessary for achieving a
legitimate purpose, which is clearly articulated.
7.5.
Proportionality
The decision to deprive someone of their nationality must respect the principle of proportionality. This
requires that in any case of deprivation:
7.5.1. The immediate and long-term impact of deprivation of nationality on the rights of the
individual, their family, and on society is proportionate to the legitimate purpose being
pursued;
7.5.2. The deprivation of nationality is the least intrusive means of achieving the stated legitimate
purpose; and
7.5.3. The deprivation of nationality is an effective means of achieving the stated legitimate
purpose.
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