EUROPEAN UNION AGENCY FOR ASYLUM
Properly identifying the nationality (or lack thereof) of each applicant for international
protection and, consequently, identifying the country of nationality or of habitual residence is
therefore key for the correct examination of their need for international protection. In the
examination procedure they are relevant to:
•
assess if the applicant is outside their country of nationality or former habitual
residence;
•
determine the territory of the country(ies) in relation to which the acts of persecution or
the serious harm must be examined; and
•
assess if the country of nationality may provide protection or if the applicant can return
to the country of former habitual residence ( 19).
The concept of nationality may have an additional relevance in the examination of certain
applications for international protection, as nationality is also one of the ‘grounds’ (or
‘reasons’) mentioned in the refugee definition for being persecuted ( 20).This is discussed in
further detail in Chapter 8. Nationality as a reason for persecution.
1.2.2.
The impact on procedural questions
Identifying the country of nationality or former habitual residence may determine which
procedures are used in the examination of the application.
This section highlights some of the ways in which being a national of a country or having
formerly habitually resided in a country may potentially trigger the application of certain
procedures. It is however not intended to provide guidance on the conditions under which the
latter may apply or the specific safeguards that need to be in place for them to apply.
The application of the procedures depends on the legal framework applicable at the moment
of the lodging of the application. This section refers to the provisions of both Regulation (EU)
2024/1348 (APR) ( 21) and Directive 2013/32/EU (APD (recast)) ( 22). The APR is applicable to all
applications lodged as of 12 June 2026. Before that date, the APD (recast) is applicable ( 23).
Similarly, this section contains references to the QD (recast) and the QR. The latter enters into
application on 1 July 2026 ( 24).
Where applicable in the rest of this guidance, the relevant provisions of both legal frameworks
are included.
(19) Court of Justice of the European Union (CJEU), judgment of 9 November 2021, LW v Bundesrepublik
Deutschland, request for a preliminary ruling, C‑91/20, EU:C:2021:898, paragraphs 30-33. Summary available in
the EUAA Case Law Database.
(20) Article 3(5) QR.
(21) Regulation (EU) 2024/1348 of the European Parliament and of the Council of 14 May 2024 establishing a
common procedure for international protection in the Union and repealing Directive 2013/32/EU (OJ L,
2024/1348, 22.5.2024).
(22) Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures
for granting and withdrawing international protection (recast), (OJ L 180/60, 29.6.2013).
(23) Article 79 APR.
(24) Article 42 QR.
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