EUROPEAN UNION AGENCY FOR ASYLUM 5.2. Documentary evidence This section will present different types of documents that can be relevant to assess an applicant’s nationality and highlight specific considerations in this regard. Remember that the examination of the probative value of documentary evidence involves an examination of its relevance and reliability ( 75). Point to remember Possessing a nationality is not contingent upon possessing documents. A national passport, for example, is declaratory but not constitutive of nationality. Conversely, a person is not rendered stateless simply because they are not in possession of documents that attest to a nationality. The points below will help you to correctly evaluate the submitted documents and set some reasonable expectations regarding an applicant’s ability to obtain (further) documents from their national authorities. Keep them in mind when considering documents as evidence. • The issuing authority’s competence for certifying nationality It should be noted that not all documents that mention the nationality of the applicant necessarily prove, per se, the applicant’s nationality. This is due to the fact that the authorities that issue these documents may not be competent to certify or confer nationality or because, in practice, they may issue documents without necessarily requiring that the person submits the necessary probative documents. For example, a local council may issue a birth certificate stating a child’s (foreign) nationality, although it is not legally competent to determine or grant nationality. • Expecting the applicant to obtain documents from their national authorities Applicants have the duty to submit all the elements available to them which substantiate their application, and in this context, to submit all the documentation at their disposal regarding their nationality or nationalities. A decision as to whether an applicant can be expected to contact the authorities of their country of origin, without putting themself or others at risk, in order to obtain documents, is to be determined on a case-by-case assessment. Point to remember (75) For rules applicable to the examination of the relevance and reliability of documentary evidence, consult the EUAA, Practical Guide on Evidence and Risk Assessment, Section 2.1. Assess documentary and other evidence. 46