EUROPEAN UNION AGENCY FOR ASYLUM
3.1.
Indicators of nationality (or lack thereof)
This section contains indicators that you can use when exploring whether an applicant may
have the nationality of a country. These indicators are based on the most common ways a
person may acquire a nationality, i.e. the different circumstances that can result in a person
being born or becoming a national of a state. Since nationality is often acquired based on a
combination of different criteria, most of the indicators below should also be considered in
conjunction with each other.
You will also find information on situations that can result in statelessness.
Situations that are relevant for the assessment of (potential) statelessness and for
the examination of applications of stateless applicants are highlighted in boxes like
this one.
If the indicators apply to more than one country, it suggests that the applicant may potentially
have two or more nationalities. It may also suggest that the applicant has a nationality that is
different to the one they claim to hold. You should clarify this with the applicant in case of
doubt ( 58).
In your assessment, you should also keep in mind the following points.
•
The acquisition of a (new) nationality may be subject, under the national law, to the
condition that their potential beneficiary renounces their current nationality. It is
important to check how this legal requirement is applied as the authorities may or may
not implement it in practice or may or may not request evidence of formal renunciation
of a former nationality. This means that the applicant may or may not still be
considered as a national. It is important to ascertain the steps that the applicant took in
this regard and whether there have been any actions of the national authority to
withdraw nationality.
•
As it is for each state to determine who are its nationals, persons who have ties that
would in principle trigger the granting of nationality may in fact be or have been
deprived of or denied such nationality. Be aware that states may engage in
discriminatory practices of denationalisation of individuals or groups of citizens based
on race, colour, ethnicity, religion, gender, political opinion and other factors. Such
discrimination can be ‘either overt or created inadvertently in the laws’ ( 59). For further
information on how this situation may affect the determination of the country of
reference and the examination of the need for international protection, see Sections
4.1. Deprivation or attribution of nationality contrary to international law and 4.2. Ex
lege nationality not (yet) formally recognised and nationality not currently held.
•
In the case of state succession or the transfer of territory or sovereignty to an existing
or new state, new laws on nationality may be adopted. These may lead to the
(automatic) granting of another nationality and/or to the loss of the nationality
(58) This is part of your duty to investigate, as explained in the EUAA, Practical Guide on Evidence and Risk
Assessment, January 2024, particularly pp 24-25.
(59) UNHCR, Nationality and Statelessness: Handbook for Parliamentarians N° 22, July 2014, p. 30.
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