EUROPEAN UNION AGENCY FOR ASYLUM
also become nationals without any further action or formalities. This is particularly the case if,
at the time of naturalisation, they are underage and unmarried. Sometimes, national law
requires these children, upon turning a particular age, to elect whether they wish to remain a
national.
(h)
Kinship / ethnicity / particular cultural background
Certain states may provide for the attribution of their nationality after birth on the basis of a
particular cultural background, for example for persons of a particular ethnicity, mother tongue
or another language that they speak and/or religious affiliation.
In some countries, naturalisation may be facilitated for communities or populations
living abroad on the basis of ethnicity, religion or deeply rooted common historical ties.
Therefore, an applicant may hold another nationality due to their ethnic kinship with the
country under consideration.
Conversely, in certain countries, certain population groups or ethnicities may be
excluded by law from acquiring nationality.
3.2.
For applicants who hold a nationality: the country
of nationality
For applicants who hold a nationality, it is their country of nationality that is taken as the
country of reference for the purpose of examining the need for international protection. It is
the country they claim they are a national of or the country that you have identified after
further assessment as being a country of nationality.
The applicant’s fears and risks in the event of return will be considered regarding that country.
The availability of national protection will also be examined regarding that country.
If the applicant holds different nationalities and their fears or risks relate to only one of their
countries of nationality, the availability of national protection will also be assessed in relation
to the other country(ies) of nationality ( 61). On the topic of availing of protection, see further in
Section 6. Protection and nationality (or lack thereof) .
3.3.
For stateless applicants: the country of former
habitual residence
When an applicant is assessed as being stateless, you need to determine the country of
reference for the examination of the need for international protection. For stateless applicants,
it is the ‘country of former habitual residence’.
(61) CJEU, judgment of 9 November 2021, LW v Bundesrepublik Deutschland, request for a preliminary ruling,
C‑91/20, EU:C:2021:898, paragraphs 30-33. Summary available in the EUAA Case Law Database.
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