Chukwualuka2005 在小组 2047
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  1. Chukwualuka2005   在小组 2047 发表评论

    讨论一个移民造假被驱逐出境的问题

    瑞典的情况很引人注目,瑞典保护公民权在造假的情况下不被剥夺是写进了宪法里的。

    瑞典,克罗地亚以及日本在造假的情况下永不撤销公民权

    list名单 of countries revoking citizenship for fraud

    https://best-citizenships.com/2022/08/08/list-of-countries-revoking-citizenship-for-fraud/

    瑞典1974宪法 Instrument of Government (1974, Sweden)

    Chapter 2. Fundamental rights and freedoms Art. 7.

    No citizen may be deported from or refused entry into the Realm. No citizen who is domiciled in the Realm or who has previously been domiciled in the Realm may be deprived of his citizenship unless he becomes at the same time a citizen of another state, either with his own express consent or because he has taken up employment in the public service. It may however be provided that children under the age of eighteen shall have the same nationality as their parents or as one parent. It may further be provided that, in pursuance of an agreement with another state, a person who has been a citizen also of the other state from birth, and who has his permanent domicile there, shall forfeit his Swedish nationality at or after the age of eighteen.

    https://en.m.wikisource.org/wiki/Instrument_of_Government_(1974)

  2. Chukwualuka2005   在小组 2047 回答问题

    讨论一个移民造假被驱逐出境的问题

    不了解美国的相关情况,说说加拿大,

    加拿大联邦法院司法复核,此案中移民申请人通过权宜婚姻获得 加拿大永久居民身份,近一步获得 加拿大公民身份。此案中,加拿大移民部的官员(senior analyst)做出了以下论述:

    [31] In doing so, the Senior Analyst made the following determinations: • Statelessness: the Senior Analyst found that while the applicant had lost her Chinese citizenship when she obtained Canadian citizenship, she would not necessarily be rendered stateless, because China has a legal process by which former nationals can apply for restoration of their status. However, as a positive decision cannot be assured if the applicant applied for the restoration of her Chinese citizenship, the Senior Analyst took into account the hardship that the applicant could face should the decision render her stateless. The Senior Analyst noted that while Canada is a signatory to the 1961 Convention on the Reduction of Statelessness ([1978] Can. T.S. No. 32, 989 U.N.T.S. 175, in force December 13, 1975), which generally obliges a contracting state not to deprive a person of its nationality if to do so would render the person stateless, the Convention also provides that a state may do so “where the nationality has been obtained by misrepresentation or fraud”: see Article 8(1) and (2) of the Convention.

    联合国🇺🇳减少无国籍状态公约第8(2)表示,“通过虚假陈述或欺诈手段获得公民权”并不受该公约保护。加拿大联邦法院还讨论了其它内容,有兴趣可以打开链接自己查看此判决书。

    Xu v. Canada (Citizenship and Immigration), 2021 FC 1102 (CanLII) https://www.canlii.org/en/ca/fct/doc/2021/2021fc1102/2021fc1102.html