PRACTICAL GUIDE ON NATIONALITY Existence of a previous nationality Having received official documents from that country 3.3.3. of habitual residence. A stateless person may be led to build a stable life in a country without intending to. Other potentially relevant criteria are the reasons for moving to and for staying in that country. The existence of family ties may be relevant too, depending on individual circumstances (e.g. linked to the degree of relationship with the family members living there). The fact that an applicant formerly had the nationality of a country where they have resided is also an indicator that the country could be considered as being of former habitual residence. The fact that the national authorities of that country have issued official (administrative) documents to the applicant may, depending on their purpose, show that the applicant had a settled life there. Determining a country of ‘former’ habitual residence The word ‘former’ in the expression ‘country of former habitual residence’ may be understood in different ways. The CJEU has not yet ruled on the exact scope of that word and practices vary among EU+ countries in relation to what ‘former’ habitual residence covers. Three main different meanings coexist: • the country of habitual residence that the applicant has fled from and where they claim to have a fear of persecution or face a risk of serious harm in case of return; • the last country of habitual residence, meaning the country where the applicant had their previous habitual residence before making their application for international protection; or • any country where the applicant has previously lived and which can be considered a country of habitual residence. You should ascertain how this concept is applied within your national law and context. In its application, you should make sure that the principle of non-refoulement is respected at all times and that an applicant in need of international protection is not left without protection (see further in Section 6.4. Stateless applicants: return or protection). 3.3.4. Determining of country former habitual residence for stateless children The determination of the country of former habitual residence of stateless children is based on the same indicators detailed above in Section 3.1. Indicators of nationality (or lack thereof). However, cases concerning children call for specific care, as situations of statelessness may arise as a direct result of the migratory journey of their parents. For example, the parents may have a nationality while their children do not. In addition, children may have been born in the host country. 31

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