oral testimony, available country information and any results of additional
enquiries with relevant States. The guidance in the paragraphs below on
the weight to be given to certain kinds of evidence that will commonly
be under consideration in statelessness determinations must be read
alongside guidance on this matter found in Part One above.
(6) Passports
95.
Authentic, unexpired passports raise a presumption that the passport
holder is a national of the country issuing the passport. However, this
presumption may be rebutted where there is evidence showing that an
individual is not actually considered to be a national of a State, for example
where the document is a passport of convenience or the passport has
been issued in error by an authority that is not competent to determine
nationality issues. In such cases the passport is not a manifestation of a
State’s position that the individual is one of its nationals. No presumption is
raised by passports that are counterfeit or otherwise fraudulently issued.56
(7) Enquiries with and responses from foreign authorities
36
96.
Information provided by foreign authorities is sometimes of central
importance to statelessness determination procedures, although not
necessary in cases where there is otherwise adequate proof. Under no
circumstances is contact to be made with authorities of a State against
which an individual alleges a well-founded fear of persecution unless it
has definitively been concluded that he or she is neither a refugee nor
entitled to a complementary form of protection.
97.
Flexibility may be necessary in relation to the procedures for making
contact with foreign authorities to confirm whether or not an individual
is its national. Some foreign authorities may accept enquiries that come
directly from another State while others may indicate that they will only
respond to requests from individuals.57
98.
Where statelessness determination authorities make enquiries with
foreign authorities regarding the nationality or statelessness status of an
individual, they must consider the weight to be attached to the response
or lack of response from the State in question.58
99.
Where a response from a foreign authority includes reasoning that appears
to involve a mistake in applying the local law to the facts of the case or an
56
On these issues, please see also paragraphs 45 and 46 above.
57
States may wish to set up bilateral or multilateral arrangements for making nationality
enquiries. An example of such an arrangement is the 1999 Convention on the Issue of a
Certificate of Nationality, to which member States of the International Commission on Civil
Status, the European Union or the Council of Europe can accede.
58
Guidance on this issue is provided in paragraph 41 above.