EUROPEAN UNION AGENCY FOR ASYLUM
•
Under the QR, the applicant has specific obligations in relation to the substantiation of
their nationality or country of former habitual residence using any documentation that
may be at their disposal ( 37). This obligation already exists under the QD (recast) ( 38).
•
Under the APD (recast), an accelerated procedure may be applied where:
‘the applicant has misled the authorities by presenting false information or
documents or by withholding relevant information or documents with respect to his
or her identity and/or nationality that could have had a negative impact on the
decision; or’ ( 39)
‘it is likely that, in bad faith, the applicant has destroyed or disposed of an identity
or travel document that would have helped establish his or her identity or
nationality;’ ( 40).
•
Under the APR, the determining authorities have the obligation to accelerate the
examination of applications where the applicant has intentionally misled the
authorities, in particular in relation to the identification of their identity and nationality,
under certain conditions ( 41).
•
Under the APR, when an applicant claims not to have a nationality, this fact should be
‘clearly registered pending the determination of whether the individual is stateless’ ( 42).
•
The determination and verification of the nationality of the applicant may be a reason
for the competent authority to consider the detention and the application of
alternatives to detention for an applicant ( 43).
Identifying the country of nationality of the applicant (or of habitual residence for stateless
applicants) is necessary in all applications. However, the extent of the assessment may differ
depending on the country of origin and the elements presented in the individual case.
Related EUAA publication
For further information on the impact of nationality (or lack thereof) on procedural aspects,
see EASO, Practical Guide on Registration – Lodging of applications for international
protection, December 2021.
In addition to being key to the examination of the asylum application, the identification of
nationality early in the procedure may allow for the correct application of other procedures,
such as family reunification and resettlement, and return procedures.
(37)
(38)
(39)
(40)
(41)
(42)
(43)
Article 4(2)(b)(v) and (vi) QR.
Article 4(2) QD (recast).
Article 31(8)(c) APD (recast).
Article 31(8)(d) APD (recast).
Article 42(1)(c) APR.
Article 27(2) APR.
Article 8(3)(a) of Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying
down standards for the reception of applicants for international protection (recast), (OJ L 180, 29.6.2013);
Article 10(4)(a) of Directive (EU) 2024/1346 of the European Parliament and of the Council of 14 May 2024
laying down standards for the reception of applicants for international protection (OJ L, 2024/1346, 22.5.2024).
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