PRACTICAL GUIDE ON NATIONALITY • Reasons behind the renunciation It is important to explore the reasons an applicant has decided to renounce their nationality. For example, they may have renounced their former nationality in order to acquire a new one. In that case, the country of their new nationality will become the country of reference. In the event that they renounced their former nationality without acquiring a new one, they should be considered stateless. Where an applicant has effectively renounced the nationality of a country where they have no fear of persecution or serious harm (possibly that of their second country of nationality) shortly before or during the asylum procedure, this may raise questions regarding potential procedural abuse. Practical example The applicant is a national of country A where they lived their whole life. They also hold another nationality, that of country B. They leave country A, allegedly due to a well-founded fear of persecution. Upon arrival in the country of asylum (country C), they renounce their nationality of country B (where they say they have no fear of persecution or serious harm) and apply for asylum based on their fear in country A. In such a case, since nationality is a legal question, the country of former nationality can no longer be considered the applicant’s country of reference. However, and depending on national practice, it may be possible to contend that a person who renounces the nationality of a country where they had no well-founded fear voluntarily puts themself in a position where they are left only with the nationality of an allegedly unsafe country. Prima facie, this is not indicative of a genuine fear of persecution or serious harm. However, this should be assessed carefully and the applicant should be given ample opportunity to explain both the reasons and the timing of the renunciation, as there could be legitimate reasons that are not immediately apparent. In addition, the possibility to recover the renounced nationality should be explored too (see next point). • Possibility to regain nationality In some countries, recovering a previously renounced nationality may be a mere formality and the renunciation can be swiftly reversed, without having to undertake major administrative steps or fulfilling further substantial conditions (see also Section 6.3. Nationality not currently held, regarding administrative steps). In this case too, it is important to consult COI on domestic law and its application when it comes to the possibility for former nationals to reacquire their renounced nationality. 4.5. Enjoyment of the rights attached to nationality The determination of the country(ies) of reference for an applicant who holds a nationality is done through the identification of the legal bond of nationality. A person’s nationality does not have to pass any further qualitative test regarding its content or scope, i.e. as to whether it 39