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. 28

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