EUROPEAN UNION AGENCY FOR ASYLUM
procedure, and identity cards (a) — which have a particular probative value — and on the other
hand, there are other types of documents (b).
(a)
Passports and identity cards
While having a nationality does not depend on having documents, passports and identity
cards are documents that, if authentic, have a particular probative value and allow you to
establish an applicant’s nationality ( 76). This is also because national passports and identity
cards contain biometric data and are therefore more difficult to forge. Yet, it should be
remembered that in some countries an authentic passport can also be obtained through
corruption, in which case it would not have any probative value. The same can be said for
countries of origin where the issuance process is not subject to sufficient controls.
National passports
In general, a national passport is a document issued by a state to its own nationals for
traveling abroad.
The possession of a passport creates a rebuttable presumption of nationality ( 77). Therefore,
unless there are concrete indications that would suggest that an applicant does not have or
no longer has the nationality of the country which issued the passport, the asylum
administration should consider that the passport establishes the nationality of the applicant.
This is also valid for expired passports, although the reason the applicant did not or could not
renew their passport should be explored. If COI indicates that passports of a given country
may be issued to non-nationals (e.g. because corruption is rampant or because procedures
regarding the issuance of passports are generally lax), the presumption created by the
possession of a passport may be rebutted.
Exceptionally, authentic and legitimately issued passports may not evidence their holder’s
nationality. Some states issue passports to specific categories of non-nationals and stateless
persons. In this case, passport holders may not enjoy full rights as citizen, including the right to
enter and reside in the country that issued the passport. This is the case, for example, for
‘passports of convenience’, issued by states for professional reasons to non-nationals (e.g.
honorary consuls may hold a passport of the country they represent despite not being
nationals). Such passports do not constitute proof of nationality. It is helpful to familiarise
yourself with relevant domestic legislation and COI on administrative practices in the country
of origin to help you identify such cases (e.g. passport numbers for non-nationals may differ
from those of nationals).
In addition, a person who held a passport in the past may no longer have one, for different
reasons. Passports belong to the government and can be cancelled, withdrawn or refused to
(76) EUAA, Practical Guide on Evidence and Risk Assessment, January 2024, Section 2.1.2. Authentication of
documents.
(77) UNHCR, Handbook on procedures and criteria for determining refugee status and guidelines on international
protection under the 1951 Convention and the 1967 Protocol Relating to the Status of Refugees, reissued April
2019, paragraph 93.
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