Residence abroad and/or birth outside the territory of a Contracting State and failure to register (Articles 8(2)(a)) Under Article 8(2)(a), a person may be deprived of nationality, even where it would render them stateless, under the circumstances in Articles 7(4) and 7(5), which are discussed in paragraphs 33-42 above. The aim of Article 8(2)(a) is the same as that of Articles 7(4) and 7(5), namely to ensure that citizens have an effective connection to the country of citizenship.45 Misrepresentation and fraud (1961 Convention, Article 8(2)(b)) Under Article 8(2)(b) of the 1961 Convention, a State may deprive a person of nationality “where the nationality has been obtained by misrepresentation or fraud” notwithstanding the general prohibition of deprivation of nationality where it would render a person stateless in Article 8(1). The aim of Article 8(2) is to create a punitive consequence for serious misconduct in the acquisition process. Misrepresentation under Article 8(2)(b) should be dishonest misrepresentation on the part of the person concerned. Given that Article 8(2)(b) prescribes that nationality must be obtained by misrepresentation or fraud, there is a clear implication that the misrepresentation or fraud must have been a key causal factor in the person concerned acquiring nationality in the first place. Deprivation of nationality is not permissible if the nationality would have been acquired even if the misrepresentations or concealment had not occurred.46 In addition, fraud or misrepresentation in the acquisition of nationality should be distinguished from fraudulent acquisition of documents that may be submitted as part of the process to acquire nationality. Fraudulent documents are not in themselves evidence of fraudulent acquisition of nationality, as persons may in certain situations be forced to obtain documents by irregular means even if they have a legal entitlement to nationality. In the process of balancing the legitimate interests of the Contracting State and the individual,47 the nature or gravity of the fraud or misrepresentation should be weighed against the consequences of withdrawal of nationality (including statelessness). The length of time elapsed between the acquisition of nationality and the discovery of fraud should also be taken into account.48 45 See paragraph 37 above. See e.g., Human Rights Council, Human rights and arbitrary deprivation of nationality: Report of the SecretaryGeneral, 19 December 2013, A/HRC/25/28, para. 10. 47 See paragraph 11 above. 48 See e.g., Human Rights Council, Human rights and arbitrary deprivation of nationality: Report of the SecretaryGeneral, 19 December 2013, A/HRC/25/28, para. 10. See also paragraphs 94-96 below. 46 UNHCR > GUIDELINES ON STATELESSNESS NO.5 16