PRACTICAL GUIDE ON NATIONALITY
5.
Evidence to determine nationality,
statelessness and the country of origin
Scope of this section and related EUAA publication
This section presents, in a non-exhaustive manner, different types of evidence that is
relevant for determining an applicant’s nationality or lack thereof and their country of origin.
It does not provide guidance on how to assess this evidence.
For guidance on assessing evidence, see the EUAA, Practical Guide on Evidence and Risk
Assessment, January 2024.
The nationality of the applicant (or the lack thereof) is a material fact of the application for
international protection. The nationality is one of the elements needed to substantiate an
application of international protection and is subject to the duty to cooperate between the
applicant and the asylum administration ( 70). As such, this is a material fact in relation to which
evidence needs to be collected and for which credibility needs to be assessed before it can
be accepted or rejected.
An assessment that is not declaratory of the nationality or of the statelessness of
the applicant
Your assessment of the nationality or of the statelessness of the applicant is necessary for
the purpose of examining their need for international protection. Your assessment is not
declaratory of the nationality or statelessness of the applicant. It is only for the competent
authorities of the person’s country of origin to officially declare one person’s nationality. In
the case of a stateless applicant, depending on your national system, a specific authority
may have the competence to make a formal statelessness determination (see Section 2.5.2
Statelessness determination procedure).
As a case officer, you should explore the relevant elements related to that material fact,
assess its credibility and reach a conclusion as to whether an applicant’s stated nationality or
statelessness can be accepted for the purposes of the assessment of their need for
international protection.
When doing so, keep in mind the following points.
•
The situation of an applicant may not be the same in terms of their nationality and/or
statelessness than that of other family members. You need to identify the nationality
and possible statelessness separately for each member of the family that made an
application. For example, the situation of the father, the children and the spouse may
differ. There may be different circumstances, different nationalities or statelessness
risks that may emerge among children.
(70) Article 4 QR.
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