is the case is circumstantial. With regard to this, also refer to Principle 7.5 on proportionality, as well as to Principle 9 on further human rights more generally. 7.3. Legality PRINCIPLE LEGAL STANDARD There must be a clear and clearly articulated legal basis for any deprivation of nationality. This requires inter alia that: 1961 Convention, Art. 8(4): “A Contracting State shall not exercise a power of deprivation permitted by paragraphs 2 or 3 of this Article except in accordance with law, which shall provide for the person concerned the right to a fair hearing by a court or other independent body. 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. 86. In order for any deprivation of nationality to not to be arbitrary, the measure must be applied in accordance with a clear and clearly articulated legal basis. This principle flows from the general principle of legal certainty and the way in which human rights are normally regulated in international human rights law: such restrictions should ,inter alia, be provided by law159 to provide legal certainty with regard to the application of such provisions. 87. According to Article 8(4) of the 1961 Convention, however, a State should not exercise the power of deprivation as permitted in that instrument except in accordance with the law. Deprivation of nationality needs to have “a firm basis in national law and deprivation provisions must be “predictable . Furthermore, such provisions “may not be interpreted by analogy i.e. applied to facts which are not evidently covered by the wording of the provisions concerned .160 159 160 e.g. Arts. 12(3) and 19(3) ICCPR; Arts. 8-11 ECHR. UNHCR, ’Tunis Conclusions‘ , para . 52

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