EUROPEAN UNION AGENCY FOR ASYLUM Figure 3. Flowchart on the deprivation of nationality Is the deprivation of nationality arbitrary? Discriminatory? Does the deprivation have disproportionate consequences? NO YES YES If the deprivation is not arbitrary nor discriminatory, it will generally not be considered as an act of persecution or serious harm even if the consequence may be considered as disproportionate. However, this needs to be assessed by taking into account all relevant individual circumstances and national law and practice. Example: the national authority, despite having another possibility, chose the solution that rendered the applicant stateless, with disproportionate consequences for them. Can the applicant continue to enjoy their basic rights in their former country of nationality, including the right to return and reside? NO This deprivation will generally not be considered as an act of persecution or serious harm. To conduct this assessment, individual circumstances should be considered. Example: the applicant obtained nationality by fraud or by misrepresentation of facts. The applicant has acquired a new nationality resulting in (an automatic) renunciation of the previous nationality. YES The consequences for the applicant will generally not be considered as amounting to persecution or serious harm. To conduct this assessment, individual circumstances should be considered. NO This treatment may generally be considered as having consequences amounting to persecution or serious harm, depending on the individual circumstances. The applicant may have become stateless and if the applicant may not rely on the nationality of another national state, their fear will generally be considered as well-founded. NO Does the applicant have another nationality? YES This treatment may generally be considered as amounting to persecution or serious harm, depending on individual circumstances. However, if the applicant may rely on the nationality of another state, their fear may not be considered well-founded. The access to effective protection in that other country of nationality should be assessed. 72