28.
Some States have a single, centralized body that governs nationality
issues that would constitute the competent authority for the purposes
of an analysis of nationality status. Other States, however, have several
authorities that can determine nationality, any one of which might be
considered a competent authority depending on the circumstances. Thus,
it is not necessary that a competent authority be a central State body.
A local or regional administrative body can be a competent authority as
can a consular official20 and in many cases low-level local government
officials will constitute the competent authority. The mere possibility that
the decision of such an official can later be overridden by a senior official
does not in itself exclude the former from being treated as a competent
authority for the purposes of an Article 1(1) analysis.
29.
Identifying the competent authority or authorities involves establishing
which legal provision(s) relating to nationality may be relevant in an
individual’s case and which authority/authorities are mandated to apply
them. Isolating the relevant legal provisions requires both an assessment
of an individual’s personal history as well as an understanding of the
nationality laws of a State, including the interpretation and application, or
non-application in some cases, of nationality laws in practice.
30.
The identity and number of competent authorities in a particular case will
depend, in particular, on the following factors:
• whether automatic or non-automatic modes for the acquisition,
renunciation, or withdrawal of nationality need to be considered; and
• whether more than one nationality-related event needs to be
examined.
(iii) Evaluating evidence of competent authorities in nonautomatic modes of nationality acquisition and withdrawal
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31.
Identifying the competent authority where a non-automatic mode of
changing nationality status is involved can be relatively straightforward.
For mechanisms which are dependent on an act or decision of a State
body, that body will be the competent authority.
32.
For example, the government department that decides naturalization
applications will be the competent authority in respect of this mechanism.
The position of this authority is generally decisive. Some non-automatic
modes involving an act of the State do not involve any discretion on the
part of the officials concerned; if an individual satisfies the requirements
20
Please see below at paragraphs 39-40.