EUROPEAN UNION AGENCY FOR ASYLUM
the assistance of their national authorities when abroad (e.g. to facilitate nationality
transmission for children born outside of their country of nationality).
Consular certification systems normally require a person to submit evidence of their nationality
including, for example, the production of a valid passport. Therefore, an authentic consular
certificate may be considered equivalent to a passport in terms of probative value if it also
contains a picture of the holder and depending on the conditions required by the consular
post for issuing the certificate. In this sense, caution should also be exerted when an applicant
submits a consular certificate alleging that they are not a national of that state. This
assumption may simply be the result of the applicant not having submitted the required proof
to the consulate. It does not necessarily mean that the applicant does not have the nationality.
Not many countries issue consular certificates. Hence, the absence of such a certificate may
not indicate lack of nationality.
Other travel documents
Usually, travel documents can be issued by states to individuals who are not their nationals
and who, for various reasons, cannot obtain an ordinary passport.
Travel documents issued by a country other than the country of reference (e.g. refugee
passport, ‘blue’ passport) may include the mention of the holder’s nationality or lack thereof. In
the latter case, the possession of such a travel document should raise questions as to why the
applicant has left that country and can lead to applying an inadmissibility ground (i.e. the
concepts of ‘first country of asylum’ or ‘safe third country’) ( 81).
In other cases, applicants may be in possession of other types of travel documents (e.g.
laissez-passer) which may contain indications of nationality or lack of citizenship in specific
situations.
Birth certificates
Birth certificates are issued to document a person’s birth or the registration of such a birth.
They usually include the name of the child, the date and place of birth and, often, the name
and sometimes the nationality of the parents. However, birth certificates per se do not contain
conclusive information on the person’s nationality. They may only mention one nationality per
parent and therefore disregard that the parents may hold additional nationalities. More
importantly, the authorities that issue birth certificates do not have the legal competence to
certify nationality and may not require any evidence whatsoever of the parents’ nationality
upon registration of the birth.
In certain situations, however, birth certificates may substantiate nationality by themselves.
This is the case where the birth certificate proves that the factual elements required by
domestic nationality law are met. For instance, the applicant may be born in a country that
applies jus soli. In such a case, the applicant’s nationality can be inferred from the birth
(81) See Section V APR.
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