2.3. Statelessness PRINCIPLE LEGAL STANDARD 2.3.1. The term “stateless person” means a person who is not considered as a national by any State under the operation of its law. 1954 Convention, Art. 1(1): “A stateless person is a person who is not considered as a national by any State under the operation of its law. 2.3.2. Establishing whether a person is considered as a national under the operation of a State’s law requires a careful analysis of how the competent authority of a State applies its nationality laws in an individual’s case in practice; it is a mixed question of law and fact. UNHCR Handbook on the Protection of Stateless Persons under the 1954 Convention Relating to the Status of Stateless Persons (2014), para. 23: “Establishing whether an individual is not considered as a national under the operation of a State’s law requires a careful analysis of how a State applies its nationality laws in an individual’s case in practice and any review/appeal decisions that may have had an impact on the individual’s status. This is a mixed question of fact and law. 14. The Convention defines a stateless person in Article as “a person who is not considered as a national by any State under the operation of its law. The definition contained in Article of the 1954 Convention has become part of customary international law, according to the International Law Commission (ILC).24 15. According to the UNHCR Handbook, establishing whether an individual is not considered as a national under the operation of its law requires a careful analysis of how a State applies its nationality laws in an individual’s case in practice and any review or appeal decisions that may have had an impact on the individual’s status. Applying this approach of examining an individual’s position in practice may lead to a different conclusion than one derived from a purely formalistic analysis of the application of nationality laws of a country to an individual’s case. A State may not in practice follow the letter of the law, even going so far as to ignore its substance. The reference to “law in the definition of statelessness in Article therefore covers situations where the written law is not adhered to when it comes to its implementation in practice.25 To establish whether a State considers an individual to be its national, it is necessary to identify which institution(s) is or are the competent authority or authorities for nationality matters in the country with which the individual has relevant links. Competence in this context relates to the authority 24 ILC, Draft Articles on Diplomatic Protection with Commentaries (2006), available at: https://www.refworld.org/docid/525e7929d.html. On the definition of “stateless person contained in Article of the Convention, p. : “This definition can no doubt be considered as having acquired a customary nature. 25 UNHCR, ‘Handbook on the Protection of Stateless Persons under the Convention Relating to the Status of Stateless Persons’ , available at: https://www.refworld.org/docid/53b676aa4.html, para 24. In view of its mandate on statelessness, UNHCR provides authoritative guidance on the Statelessness Conventions. This was acknowledged, for instance, in Al-Jedda v Secretary of State for the Home Department (2013) UKSC 62, available at: https://www.supremecourt.uk/cases/docs/uksc-2012-0129-judgment.pdf as follows: “The Court of Appeal’s interpretation of section 40(4) comports with the international framework for avoiding statelessness and protecting stateless persons, including authoritative guidance from the United Nations High Commissioner for Refugees (UNHCR), the U.N. agency with a formal mandate to prevent and reduce statelessness and to protect stateless persons globally. . 25