Re: 1917 name change

On May 21, 6:17 am, "AGw. (Usenet)"
<bottomless_...@xxxxxxxxxxxxxxxxxxx> wrote:

A state accepts a passport because it believes that the person described
therein is the person presenting it.

Usually true in practice, but legally it doesn't even necessarily do
that. Accepting a passport involves no decision by the receiving
state about the name, status, or anything else concerning the bearer.
It is rather a transaction between the receiving state and the issuing
state. The state issuing the passport requests that the bearer be
permitted to enter the receiving state. The receiving state; by
accepting the passport, the receiving state agrees to this request.

Now it is correct to say that possession of a passport constitutes
prima facie evidence that the bearer is who the passport says he is,
and that he is a national of the state issuing the passport (or
otherwise entitled to a passport under the issuing state's laws). But
it is nothing more than prima facie.

It is ludicrous to argue that the action of an immigration officer
stamping a passport at a border control point constitutes a decision
by his government not only as to the identity of the person carrying
the passport but as to his entitlement, under the receiving country's
laws, to any titles or other status appearing in the passport.

Joseph McMillan

.

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