EUROPEAN UNION AGENCY FOR ASYLUM 6.3. Nationality not currently held Both the APR and the QD (recast) have highlighted the need to consider a nationality that is accessible to the applicant when examining their international protection needs. Article 34(2) APR ( 93) – Examination of applications … For the purpose of examining an application, the determining authority shall take the following into account: […] (f) whether the applicant could reasonably be expected to avail himself or herself of the protection of another country where he or she could assert citizenship; It should be noted, however, that the CJEU has not yet interpreted the exact meaning of these provisions. A nationality that is not currently held by the applicant can be considered if COI regarding a country’s nationality law and its application clearly indicates that applying for such a nationality would amount to a mere formality and that the state has no discretionary power to refuse granting nationality. For example, in some countries, children can apply to become a national through a simplified application procedure, where the only requirement is having a parent who is a national. Consequently, the applicant would be reasonably expected to take steps to formally acquire such nationality, for example by declaration or by making use of an option available to them (e.g. when the applicant has the possibility to opt for that nationality after having reached legal majority). What constitutes reasonable efforts by the applicant in this regard can only be determined on a case-by-case basis, based on their personal circumstances. You should never request an applicant who claims to have a fear of persecution or serious harm towards their national authorities to approach them to confirm their nationality or take steps to acquire nationality. You need to take into account the steps that are needed in practice and the administrative or financial burden these steps may entail. For example, the amount of administrative and other fees if any, the timeframes for the procedure, the reasonableness of the evidentiary requirements and the possibility for the applicant to gather the evidence to substantiate their nationality (e.g. identity card, citizenship certificate, passport, birth certificate). By contrast, where acquiring a nationality would require more than a mere formality or where the state retains discretionary power on the granting of (93) A similar formulation is found at Article 4(e) QD (recast), under the heading ‘Assessment of facts and circumstances’, which states that: The assessment of an application for international protection is to be carried out on an individual basis and includes taking into account: […] (e) whether the applicant could reasonably be expected to avail himself or herself of the protection of another country where he or she could assert citizenship. 60