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.
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